• "^ —
Barclays Official
California
Code of
Regulations
Title 9. Rehabilitative and Developmental
Services
Complete Title
Vol. 12
THOIVISOIM
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Barclays Official California Code of Regulations
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•
TITLE 9. REHABILITATIVE AND DEVELOPMENTAL SERVICES
NOMENCLATURE CROSS-REFERENCE
(NOTE: Effective April 1, 1990, the Office of Administrative Law authorized the renaming of the
hierai^chical headings used within the Titles of the California Code of Regulations. Until the agen-
cies implement these changes in their regulations, use the following Cross-Reference Table for
the new organizational headings used in this Title.)
OLD HIERARCHY REVISED HIERARCHY
Chapter Division
Subchapter Chapter
Article Article
Section Section
TJtle 9
Rehabilitative and Developmental Services
Title Table of Coeteints
Title 9o Rehabilitative and Developmental Services
Table of Contents
)ivisi©o 1.
Chapter 1.
Chapter 2.
Chapter 3.
Article 1.
Article 2.
Article 3.
Article 3.5
Article 4.
Article 5.
Article 5.5
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12,
Article 13,
Article 14,
Article 15.
Page
Department of IVlentai Health 1
Requirements for Operation of
Private Institutions l
Conflict of Interest Code 1
Community Mental Health Services
Under the Short-Doyle Act 2
Application 2
Definitions 2
General Provisions 2.1
Standards for the
Certification of Social
Rehabilitation Programs 3
Services Subject to State
Reimbursement 6
Limitations on
Reimbursements 10
Maximum Allowable Rates lO.i
Utilization Review of Short-
Doyle Funded Acute
Inpatient Psychiatric
Services lO.i
Claims for Reimbursement 10.2
Professional and Technical
Personnel Standards 10.3
Accounting and Records ll
Requirements for Inpatient
Services ll
Requirements for Outpatient
Services 12
Requirements for Partial
Hospitalization Services 12
Requirements for Emergency
Services 12
Purposes, Processes and
Requirements of
Consultation, Education and
Information Services 12
Requirements for Diagnostic
Services 13
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21
Article 22,
Chapter 3.5.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Chapter 4.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 5.5
Requirements for
Rehabilitative Services 13
Requirements for Precare and
Aftercare Services 13
Requirements for Training
Services 13
Requirements for Research
and Evaluation Services 13
Requirements for 72-Hour
Detoxification, Treatment
and Evaluation Service for
Inebriates 14
Intensive Treatment for
Chronic Alcoholics 14
Requirements for Social and
Rehabilitation Services 15
Mental Health Rehabilitation
Centers 15
Application 15
Definitions 15
License 22.4
General Requirements 22.8
Basic Services 22.20(d)
Required Programs 22.20(m)
Physical Plant 22.20(r)
Citations and License
Revocation 22.20(v)
Community Mental Health Services
Under the Lanterman-Petris-
Short Act 22.20(w)
Application 22.20(w)
Definitions and General
Provisions 22.21
Facilities 22.21
Conservatorship 22.22
Patients' Rights: Convulsive
Treatment and
Psychosurgery 22.22
Voluntary Patients' Right to
Refuse Antipsychotic
Medications 22.24
Page i
(4-11-2008)
Title Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
Article 6.
Chapter 4.5.
Article 1.
Article 2.
Article 3.
Chapter 5.
Article 1.
Article 2.
Article 3.
Article 4.
Chapter 6.
Chapter 7.
Chapter 8.
Chapter 9.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Chapter 10.
Article 1.
Patient Rights: Denial for
Good Cause
Page
22.25
Patients' Rights and Related
Procedures for Non-Lanterman-
Petris- Short Act Patients in
Department of Mental Health
Facilities
22.27
General Provisions 22.27
Non-LPS Patients' Rights 22.28
General Limitations
Applicable to Non-LPS
Patients 22.29
Conduct of Research and Patient
Data Information Requirements
in Facilities Providing Service
Under Divisions 5, 6, or 7 of
the Welfare and Institutions
Code
22.30
Application 22.30
Definitions and General
Provisions 22.30
Research 22.30
Patient Data Information 22.30
Joint Regulations for
Handicapped Children —
Interagency Responsibilities
for Providing Services to
Handicapped Children
22.30
Acute and Nonacute Levels of 24-
Hour Mental Health Care
Provided by County Mental
Health Agencies in Correctional
Treatment Centers
22.30
Recovery Houses 22.34
Audit Appeals of Community
Mental Health Services Under
the Short-Doyle Act 22.34
Definitions 22.34
Informal Conference 22.34
Filing of Appeal 23
Formal Appeal Hearing 23
Recovery of Overpayments 25
Payments 25
Medi-Cal Psychiatric Inpatient
Hospital Services 25
Definitions, Abbreviations
and Program Terms 25
Page
Article 2. Administration 26.4
Article 3. Fiscal Provisions 26.8
Article 4. Provision of Services 26.12
Article 5. Problem Resolution
Processes 26.17
Chapter 1 1 . Medi-Cal Specialty Mental Health
Services ,. 26.20
Subchapter 1 . General Provisions 26.20
Article 1 . General 26.20
Article 2. Definitions, Abbreviations
and Program Terms 26.21
Article 3. Administration 26.37
Article 4. Standards 26.45
Subchapter 2. Medi-Cal Psychiatric
Inpatient Hospital
Services 26.50
Article 1. Fiscal Provisions 26.50
Article 2. Provision of Services 26.52
Subchapter 3. Specialty Mental Health
Services Other than
Psychiatric Inpatient
Hospital Services 26.56
Fiscal Provisions 26.56
Provision of Services 26.57
Federal Financial
Participation 26.61
General 26.61
Psychiatric Inpatient
Hospital Services 26.63
Article 3. Specialty Mental Health
Services Other Than
Psychiatric Inpatient
Hospital Services 26.64
Subchapter 5. Problem Resolution
Processes 26.68(f)
Article 1. Beneficiary Problem
Resolution Processes 26.68(f)
Article 2. Fair Hearing and Notice of
Action 26.68(h)
Article 3. Provider Problem Resolution
and Appeal Processes 26.68(1)
Article 4. Resolution of Disputes
Between MHPs regarding MHP
of Beneficiary 26.68(k)
Article 5. Resolution of Disputes
Between MHPs and Medi-Cal
Managed Care Plans 26.68(1)
Chapter 12. Mental Health Program Standards
for the Community Treatment
Facihty 26.68(m)
Article 1.
Article 2.
Subchapter
4,
Article 1.
Article 2.
Page ii
(4-1 1-2008)
TitBe 9
Mehabilitative and Developmental Services
Title Table of Comteinits
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Chapter 14.
Article 1 .
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Chapter 1.
Chapter 1.5.
Chapter 1.7.
Chapter 2.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Chapter 2.5.
Chapter 3.
Article 1.
Page
General Provisions 26.68(]ti)
Mental Health Program
Certification Procedures 26.68(o)
Administrative Actions 26.69
Oversight and Enforcement
Provisions 26.70
Continuing Requirements 26.72
Personal Rights 26.78
Mental Health Services Act 26.79
Application 26.79
Definitions 26.79
General Requirements 26.85
Funding Provisions 26.87
Reporting Requirements 26.88
Community Services and
Supports 26.90
department of Rehabilitation 27
Definitions and Terms 27
Informed Choice 36
Rights and Responsibilities of
Individuals with DisabiUties;
Applicants; Eligible
Individuals 37
Referral and Application
Processes; Order of Selection;
Eligibility; Record of
Services; Individualized Plan
for Employment (IPE) 38
Referral and Application
Processes 38
Order of Selection for
Vocational Rehabilitation
Services
40
Determination of Eligibility
and Priority for Services;
Ineligibility
Determination 44
The Record of Services 44.4
The Individualized Plan for
Employment (IPE) 44.5
Confidentiahty 44.10(b)
Client Assistance Program 44.13
Vocational Rehabilitation
Services for Individuals with
Disabilities 44.14
General Provisions 44.14
Article 2. Counseling and Placement 44.15
Article 3. Training and Job Coaching
Services 44.15
Article 4. Physical and Mental
Restoration Services 46
Article 5. Transportation Services 47
Article 6. Personal Services 48.4
Article 7. Technological Aids/Devices
and Occupational Licenses/
Tools/Equipment 48.5
Articles. Other Vocational
Rehabilitation Services 48.5
Chapter 4. Standards for Closing the Record
of Services 48.6
Chapter 5. Client Financial Participation;
Loaned Property; Similar
Benefits 48.9
Article 1. Client Financial
Participation 48.9
Article 2. Loaned Property 48.10(a)
Article 3. Similar Benefits or
Comparable Services and
Benefits 48.10(a)
Chapter 6. Business Enterprise Program for
the Blind 48.10(b)
General Provisions 48.10(b)
Definitions and Terms 48.10(c)
Ehgibility and Training 48.11
Licensing 48.12
Reserved 48.13
Reserved 48.13
Standards for the
Establishment and Operation
of Vending Facilities 48.13
Standards for Collection of
Vending Machine Income 48.16(b)
State Committee of Blind
Vendors 48.16(c)
Administrative Review and
Full Evidentiary Hearing
Procedures 48.16(d)
Special Programs 48.16(g)
College Level Training for
the Deaf 48.16(g)
Article 2. Orientation Center for the
Blind (OCB) 48.16(i)
Article 3. Loan Guarantee Programs 48.i6(j)
Article 4. Nonvocational Services for
theBhnd 48.l6(m)
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Chapter 7.
Article 1.
Page iii
(4-11-2008)
Title Table of Contents BARCLAYS CALIFORNIA
Page
Chapter 8. Standards for Facilities and
Providers of Service 48.l6(n)
Article 1. General Standards 48.l6(n)
Article 2. Health Care Providers 48.l6(o)
Article 3. Personal Services Providers 48.17
Article 4. Other Providers of Service 48.18
Chapter 9. Authorization of Services 48.19
Chapter 10. Rates of Payment 48.20
Chapter 11. Rehabilitation Facilities and
Community Resources for
Individuals with Disabihties 48.20
Article 2. Habilitation Services
Program 51
Article 4. Supported Employment 53
Chapter 12. Administrative Review,
Mediation, Fair Hearing and
Discrimination Complaint
Procedures 53
Article 1. General Provisions and
Administrative Reviews 53
Article 1.5. Mediation 55
Article 2. Fair Hearings 56
Article 3. Discrimination Resolutions
by the Office of Civil
Rights and Affirmative
Action 58
Chapter 14. Employee Activities 59
Article 1. Conflict of Interest 59
Article 2. Incompatible Activities 60
Division 4. Department of Alcohol and Drug
Programs 63
Chapter 1. Administration of the Department
of Alcohol and Drug Programs 63
Article 1 . Definitions 63
Article 2. Regulations 63
Article 3. Department of Alcohol and
Drug Programs — Conflict of
Interest Code 64
Chapter 2. Development and Administration
of County Alcohol Programs 64
Article 1 . Application of Chapter 2 64
Article 2. County Administration 65
Article 3. Standards for County Alcohol
Program Administrators in
Counties Exceeding 200,000
in Population 65
CODE OF REGULATIONS Title 9
Page
Article 4. County Alcohol Plan 65
Article 5. Financial Provisions 66
Article 6. Requirements for 72-Hour
Detoxification, Treatment,
and Evaluation Services for
Inebriates 67
Chapter 2.5. Substance Abuse and Crime
Prevention Act of 2000 and
Substance Abuse Treatment and
Testing Accountability Program 68
Chapter 3. Programs for Alcohol and Drug
Impaired Drivers 72.5
Subchapter 1. General Administration 72.5
Subchapter 2. Licensure of Drinking
Driver Programs 73
Article 1. Requirement for Licensure 73
Article 2. Initial License 73
Article 3. License Renewal 76
Article 4. License Fees 76
Article 5. Program Evaluation 77
Article 6. Corrective Action 78
Article 7. Contingency Service Plan 81
Subchapter 3. Program Standards 81
Article 1. General Standards 81
Article 3. Participant Records 87
Subchapter 4. Participant Standards 90
Chapter 4. Narcotic Treatment Programs 92.4
Subchapter 1. General Administration 92.4
Subchapter 2. Licensure of Narcotic
Treatment Programs 92.6
Article 1. Program Licensure 92.6
Article 2. Program Evaluation 92.10(b)
Article 3. Corrective Action 92.12
Subchapter 3. Program Administration 92.13
Article 1. Organizational Structure of
Program and Staffing
Requirements 92.13
Article 2. Patient Capacity and
Caseload 92.17
Article 3. Patient Records 92.18
Article 4. Program Rules and
Procedures 92.19
Subchapter 4. Medication Security and
Diversion Prevention 92.22
Article 1. Detection of Multiple
Registration 92.22
Article 2. Patient Identification 92.26
Page iv
(4-11-2008)
Rehabilitative and Developmental Services
Title Table of Contents
^fW
Article 3.
Subchapter 5.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Subchapter 6,
Chapter 5.
Subchapter 1.
Article 1.
Article 2.
Subchapter 2.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Subchapter 3.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Subchapter 4.
Article 1.
Page
Medication Handling and
Security 92.27
Patient Treatment 92.28
Patient Selection and
Orientation 92.28
Patient Attendance and
Absence 92.32
Treatment Services 92.33
Take-Home Medication
Privileges 92.39
Termination of Treatment 92.43
Fair Hearings 92.44
Temporary Exceptions 92.45
Licensure of Residential
Alcoholism or Drug Abuse
Recovery or Treatment
FaciUties 92.45
Purpose and Definitions 92.45
Application and Purpose of
Chapter 92.45
Definitions 92.45
Licensing Process 93
Departmental Authority to
License 93
Requirement for Licensure 93
Application for Licensure 95
Period of Licensure 98
Licensing Fees 99
Enforcement 99
Licensing Appeals 104
Compliance Requirements 105
Physical Environment 105
Staffing Standards 106
Program Services 108
Physical Environment ill
Adolescents in Adult
Alcoholism or Drug Abuse
Recovery or Treatment
Facilities 113
Additional Requirements
for Facilities Providing
Services to Adolescents
in Adult Facilities 114
Application and Purpose of
Subchapter 114
Article 2.
Article 3.
Article 4.
Chapter 6.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Chapter 7.
Chapter 8.
Subchapter 1.
Subchapter 2.
Subchapter 3.
Chapter 10.
Page
Waivers to Treat Adolescents
in Adult Facilities 1 14
Compliance Requirements 1 16
Criminal Records Clearance 1 16.1
Nondiscrimination in Programs or
Activities Receiving State
Financial Assistance 1 16.3
General Definitions 116.3
General Provisions 117
Discriminatory Practices
Relating to All Groups
Protected by Article 9.5 117
Discriminatory Practices
Relating to Ethnic Group
Identification 117
Discriminatory Practices
Relating to Religion
117
Discriminatory Practices
Relating to Age 118
Discriminatory Practices
Relating to Sex 118
Discriminatory Practices
Relating to Color
Discriminatory Practices
Relating to Physical or
Mental Disability
Compliance and Enforcement
118.1
118.1
118.2
Resident Run Housing Program
(RRHP) 118.4
Certification of Alcohol and
Other Drug Counselors 122
Application and Purpose
of Chapter and
Definitions 122
Requirement for
Certification for
Individuals Providing
Counseling Services in
AOD Recovery and
Treatment Programs 123
Requirements for
Certification of AOD
Counselors 124
Immigrant Status Verification
for Licensure or Certification
Applicants 127
Page V
(4-11-2008)
^
Barclays Official
California
Code of
Regulations
Title 9. Rehabilitative and Developmental
Services
Division lo Department of Mental Health
Vol 12
XMOIVlSOffM
»H^^—
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 9
Department of Mental Health
Table of Contemiits
•
Division lo Department of Mental Health
Table of Contents
Page
Chapter 1. Requirements for Operation of
Private Institutions l
Chapter 2. Conflict of Interest Code I
§ 400. General Provisions.
Appendix A 1
Appendix B 2
Chapter 3. Community Mental Health Services
Under the Short-Doyle Act 2
Article 1 . Apphcation 2
^500. Application of Subchapter.
§ 501. Section Headings.
Article 2. Definitions 2
§510. Act.
§511. Local Director.
§512. Local Mental Health Service.
§ 513. Department.
§514. May, Shall and Should.
§ 515. General Hospital.
§ 516. Psychiatric Hospital.
§517. County Plan.
Article 3. General Provisions 2.1
§ 520. Establishment of Local Services.
§ 521. Supervision by Local Director.
§ 522. Medical Responsibility.
§ 523. Contracts for Service.
§ 524. Fee Schedules.
§ 525. Auxiliary Personnel.
§ 526. Admission Policies.
§ 527. Discriminatory Practices.
§ 529. Mental Health Advisory Board
Composition.
§ 530. Mental Health Advisory Board
Committee Composition.
Article 3.5. Standards for the
Certification of Social
Rehabilitation Programs 3
§531. Program Standards and
Requirements.
§ 532. Service Requirements.
§532.1. Medical Requirements.
§ 532.2. TreatmentyRehabilitation Plan and
Documentation Requirements.
§ 532.3. Admission/Discharge Criteria.
§ 532.4. Client Involvement Requirements.
§ 532.5. Physical Environmental
Requirements.
§ 532.6. Staff Characteristics, Qualifications
and Duty Requirements.
§ 533. Administrative Policies and
Procedures.
§ 534. Program Certification.
§ 535. Review Procedures.
§ 536. Waivers and Exceptions.
Article 4. Services Subject to State
Reimbursement 6
§ 540. Reimbursement Conditions.
§ 541 . 24-Hour Services.
§ 542. Day Services.
§543.
Outpatient Services.
§ 544.
Emergency Services.
§ 545.
Outreach Services.
§ 546.
Diagnostic Services.
§ 547.
Rehabilitative Services.
§548.
Continuing Care Services.
§549.
Supplemental Residential Care
Services.
§ 550.
Training.
§551.
Research and Evaluation.
§ 552.
Equipment Expense.
§ 553.
Remodeling Expense.
§ 554.
72-Hour Detoxification Treatment
and Evaluation Service.
Article 5.
Limitations on
Reimbursements 10
§ 560.
Inpatient Service.
§ 561.
Other Mental Health Services.
§ 562.
Non-State-Reimbursabie Charges.
§ 563.
Reimbursement for Services.
§ 565.5.
Funding.
Article 5.5.
Maximum Allowable Rates lO.l
§570.
Application of Article.
§571.
Reimbursement.
§572.
Maximum Allowable Rate
Determination and Publication.
§573.
Monitoring Compliance.
§ 574.
County Augmentation.
Article 6.
Utilization Review of Short-
Doyle Funded Acute
Inpatient Psychiatric
Services lO.l
§ 590.
Review Process.
§591.
Administrative Days.
§592.
Documentation and Reporting.
§593.
Compliance.
§594.
Enforcement.
Article 7.
Claims for Reimbursement
§600.
Forms and Information.
§601.
Approval of Reimbursements.
Article 8.
Professional and Technical
Personnel Standards
§620.
Director of Local Mental Health
Services.
§620.1.
Acting Director of Local Mental
Health Services.
§621.
Medical Program Responsibility.
§622.
Requirements for Professional
Personnel.
§623.
Psychiatrist.
§624.
Psychologist.
§625.
Social Worker.
§626.
Marriage, Family and Child
Counselor.
§627.
Nurses.
§628.
Licensed Vocational Nurse.
§629.
Psychiatric Technician.
§630.
Mental Health Rehabilitation
Specialist.
§631.
Administrafive Support
Responsibility.
§632.
Other Mental Health Personnel.
10.2
10.3
Page i
(4-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
Article 9.
§640.
§641.
§642.
Article 10.
§660.
§661.
§662.
§ 663.
Article 11.
§680.
Article 12.
§690.
§691.
Article 13.
§700.
Article 14.
§710.
§711.
§712.
§713.
§714.
§715.
§716.
Article 15.
§730.
Article 16.
§740.
§741.
§742.
Article 17.
§750.
Article, 18.
§760.
§761.
Article 19.
§770.
§771.
§772.
§773.
§774.
§775.
§776.
§777.
§778.
§779.
Page
Accounting and Records li
Financial Records.
Patient Records.
Statistical Data.
Requirements for Inpatient
Services li
Admission Procedures.
Medical-Surgical Services.
Discharges and Transfers.
Minimum Staff.
Requirements for Outpatient
Services 12
Basic Requirements.
Requirements for Partial
Hospitalization Services 12
Minimum Professional Staff.
Medical Responsibility.
Requirements for Emergency
Services 12
Basic Requirement.
Purposes, Processes and
Requirements of
Consultation, Education and
Information Services 12
Purpose of Consultation Services.
Process of Consultation Services.
Purpose of Education Services.
Process of Education Services.
Purpose of Information Services.
Process of Information Services.
Direction and Supervision.
Requirements for Diagnostic
Services 13
Basic Requirements.
Requirements for
Rehabilitative Services 13
Psychiatric Direction and
Supervision.
Treatment Plan for Patients.
Minimum Staff.
Requirements for Precare and
Aftercare Services 13
Referral to Provide Continuity of
Care.
Requirements for Training
Services 13
Reimbursement for Training
Services.
Minimum Staff.
Requirements for Research
and Evaluation Services 13
Standards for Research Personnel.
Contracting for Services.
Method of Program Evaluation.
Local Mental Health Service
Research Committee.
Research Funds.
Local Research Trust Fund.
Application Review.
Scientific Merit of Research Study.
Personal Safety and Welfare of
Research Subjects.
Confidential Nature of Information
and Records.
Page
§ 780. Requirement of Oath of
Confidentiality.
Article 20. Requirements for 72-Hour
Detoxification, Treatment
and Evaluation Service for
Inebriates 14
Article 21 . Intensive Treatment for
Chronic Alcoholics 14
Article 22. Requirements for Social and
Rehabilitation Services 15
Chapter 3.5. Mental Health Rehabihtation
Centers 15
Article 1. Application 15
§ 781 .00. Application of Chapter.
Article 2. Definitions 15
§ 782.00. Application of Definitions.
§ 782.10. Meaning of Words.
§ 782.11. Activity Coordinator.
§ 782.12. Alteration.
§782.13. Art Therapist.
§ 782.14. Chent.
§782.15. Client Record.
§ 782.16. Conservator.
§782.17. Controlled Drugs.
§782.18. Dance Therapist.
§ 782.19. Department.
§ 782.20. Dietitian.
§ 782.21. Director.
§ 782.22. Drug.
§ 782.23. Drug Administration.
§ 782.24. Drug Dispensing.
§ 782.25. Mental Health Rehabilitation Center
Director.
§ 782.26. Licensed Mental Health
Professional.
§ 782.27. Licensed Nursing Staff
§ 782.28. Licensed Psychiatric Technician.
§ 782.29. Licensed Vocational Nurse.
§ 782.30. Licensee.
§782.31. Local Bank.
§ 782.32. Marriage, Family and Child
Counselor.
§ 782.33. Medication.
§ 782.34. Mental Health Rehabilitation
Center.
§ 782.35. Mental Health Rehabilitation
Specialist.
§ 782.36. Music Therapist.
§ 782.37. Occupational Therapist.
§ 782.38. Pharmacist.
§ 782.39. Physician.
§ 782.40. Program Director.
§782.41. Postural Support.
§ 782.42. Psychologist.
§ 782.43. Recreation Therapist.
§ 782.44. Registered Nurse.
§ 782.45. Restraint.
§ 782.46. Seclusion.
§ 782.47. Self Administration of Medication.
§ 782.48. Social Worker.
§ 782.49. Standing Orders.
§ 782.50. Supervision.
§782.51. Therapeutic Diet.
§ 782.52. Unit Dose Medication System.
§ 782.53. Standing Orders.
§ 782.54. Supervision.
§ 782.55. Therapeutic Diet.
§ 782.56. Unit Dose Medication System.
Article 3. License 22.4
§ 783.00. Application Required.
Page ii
(4-11-2008)
Title 9
Department of Mental Health
Table of Contemilts
Page
§783.10.
Application Requirements.
§783.11.
Application Content.
§ 783.12.
Application Process.
§783.13.
Plan of Operation Requirements.
§783.14.
Safety, Zoning and Building
Clearance.
§783.15.
Separate Licenses.
§783.16.
Posting.
§783.17.
Report of Changes.
§783.18.
Program Flexibility and Monitoring.
§ 783.19.
Conviction of Crime: Standards for
Evaluating Rehabilitation.
§ 783.20.
Bonds.
Article 4.
General Requirements 22
§ 784.00.
Administration.
§784.10.
Mental Health Rehabilitation Center
Director and Staff.
§784.11.
Employee Personnel Records.
§784.12.
Employees' Health Examination
and Health Records.
§784.13.
Use of Outside Resources.
§ 784.14.
Consumer Information to be Posted.
§ 784.15.
Unusual Occurrences.
§ 784.16.
Reporting of Communicable
Diseases.
§ 784.17.
Infectious Diseases.
§784.18.
Storage and Disposal of Solid
Waste.
§ 784.19.
Solid Waste Containers.
§ 784.20.
Infectious Waste.
§784.21.
Cleaning, Disinfecting and
Sterilizing.
§ 784.22.
Soiled Linen.
§ 784.23.
Clean Linen.
§ 784.24.
Fire and Internal Disasters.
§ 784.25.
External Disaster and Mass Casualty
Program.
§ 784.26.
Admission of Clients.
§ 784.27.
Admission Records.
§ 784.28.
Clients' Records.
§ 784.29.
Informed Consent to Medical
Treatment.
§ 784.30.
Temporary Medical Client Transfer.
§784.31.
Clients' Rights.
§ 784.32.
Safeguards for Clients' Monies and
Valuables.
§ 784.33.
Liability for Rent and Return of
Rental Advance.
§ 784.34.
Abuse and Corporal Punishment.
§ 784.35.
Restraint and Seclusion.
§ 784.36.
Orders for Restraint and Seclusion.
§ 784.37.
Restrictions on Applying Resuaints
and Utilizing Seclusion.
§ 784.38.
Restraint and
Seclusion — Documentation and
Reporting Policies and Procedures.
§ 784.39.
Client Capacity.
§ 784.40.
Client Rooms.
§ 784.41.
Client's Property Storage and Room
Furnishings.
§ 784.42.
Housekeeping.
§ 784.43.
Laundry.
§ 784.44.
Clean Linen.
§ 784.45.
Soiled Linen.
§ 784.46.
General Maintenance.
§ 784.47.
Air Filters.
§ 784.48.
Storage and Disposal of Solid
Waste.
§ 784.49.
Solid Waste Containers.
§ 784.50.
Infectious Waste.
§ 784.51.
Water Supply and Plumbing.
§ 784.52.
Lighting and Power System.
§ 784.53.
Maintenance Manual.
§ 784.54.
Mechanical Systems.
§ 784.55.
Space.
§ 784.56.
Administrative Policies and
Procedures.
Page
Article 5. Basic Services 22.20(d)
§ 785.00. Services — General.
§785.10. Medical Director.
§ 785.11. Physician Services — General.
§ 785.12. Nursing Service — General.
§ 785.13. Nursing Service — Administration of
Medication and Treatment.
§ 785.14. Nursing Service — Director of
Nursing Service.
§ 785. 1 5. Nursing Service— Staff
§ 785.16. Dietetic Service — General.
§ 785.17. Dietetic Service — Therapeutic
Diets.
§ 785.18. Dietetic Service — Menus.
§785.19. Dietetic Service— Staff
§ 785.20. Pharmaceutical Service — General.
§785.21. Phai^maceutical
Service — Requirements.
§ 785.22. Pharmaceutical Service — Labeling
and Storage of Drugs.
§ 785.23. Pharmaceutical Service — Stop
Orders.
§ 785.24. Pharmaceutical Service — Orders for
Drugs.
§ 785.25. Pharmaceutical Service — Drug
Order Processing.
§ 785.26. Pharmaceutical Service — Personal
Medications.
§ 785.27. Pharmaceutical Service — Controlled
Drugs.
§ 785.28. Pharmaceutical
Service — Disposition of Drugs.
§ 785.29. Pharmaceutical Service — Unit Dose
Medication System.
§ 785.30. Pharmaceutical Service — Staff
§ 785.31. Pharmaceutical
Service — Equipment and Supplies.
§ 785.32. Pharmaceutical Service — Unit Dose
Medication System.
§ 785.33. Pharmaceutical Service — Staff
§ 785.34. Pharmaceutical
Service — Equipment and Supplies.
Article 6. Required Programs 22.20(m)
§ 786.00. Program Requirements — General.
§ 786.10. Rehabilitation Program — Services.
§ 786. 1 1 . Rehabilitation Program — Admission
Requirements.
§ 786.12. Rehabilitation Program— Staff.
§ 786.13. Rehabilitation Program — Program
Director.
§ 786.14. Rehabilitation Program — In-Service
Education.
§ 786.15. Rehabilitation Program — Individual
Service Plan and Documentation
Requirements.
§ 786.16. Rehabilitation
Program — Equipment.
§786.17.
Activity Program — General.
§786.18.
Activity Program — Requirements.
§ 786.19.
Activity Program — Staff.
§ 786.20.
Activity Program — Equipment and
Supplies.
§786.21.
Activity Program — Staff.
§ 786.22.
Activity Program — Equipment and
Supplies.
§ 786.23.
Activity Program — Space.
icle 7.
Physical Plant 22.20(r)
§ 787.00.
Fire Safety.
§787.10.
Alterations to Existing Buildings or
New Construction.
§787.11.
Space Conversion.
§787.12.
Notice to Department.
§787.13.
Housekeeping.
§787.14.
Laundry.
§787.15.
General Maintenance.
§787.16.
Air Filters.
Page iii
(4-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
Page
Page
Jj 787.17
Water Supply and Plumbing.
§787.18
Lighting and Power System.
§787.19
\4echanical Systems.
§ 787.20
Maintenance Manual.
§787.21
Space.
§ 787.22
Rehabilitation Program — Space.
§ 787.23
Nursing Service — Space.
§ 787.24
Activity Program — Space.
§ 787.25
Client Rooms.
§ 787.26
Client's Property Storage and Room
Furnishings.
§ 787.27
Client Capacity.
Article 8.
Citations and License
Revocation 22.20(v)
§ 788.00
Definitions.
§788.10
Fihng of Names and Addresses.
§788.11
Issuance of Revocation and License
Citations.
§788.12
Conditions of Revocation of
License.
§788.13
Appeal of Revocation.
§788.14
License Revocation and Citation
Review Conference.
Chapter 4.
Article L
§800.
§801.
Article 2.
§810.
§811.
§812.
§813.
Article 3.
§820.
§821.
§ 821.1.
§822.
§823.
§824.
§825.
§825.1.
§ 825.2.
§ 825.3.
§ 825.4.
§829.
Article 4.
Community Mental Health Services
Under the Lanterman-Petris-
Short Act 22.20(w)
Application 22.20(w)
Application of Subchapter.
Section Headings.
Definitions and General
Provisions 22.21
Act.
Department.
Shall and May.
Mental Disorder.
Facilities 22.21
Designation by Board of
Supervisors.
Approval of Facilities.
Approval of Persons or Agencies for
Prepetition Screening.
Professional Person in Charge of a
Facility.
Attending Staff.
Facilities for Inebriates and
Alcoholics.
Calculation of Evaluation and
Treatment Period.
Exemption Requests.
Exemption Request Requirements.
Certification of Exemptions.
Reapplication for or Revocation of
Certification.
Mental Health Treatment Facility.
830.
Conservatorship . .
Conservatorship.
22.22
Article 5.
§835.
§836.
§836.1.
§ 836.2.
§837.
Patients' Rights: Convulsive
Treatment and
Psychosurgery 22.22
General Provision.
Types of Treatment: Definitions.
Voluntary and Involuntary Patients:
Definitions.
Facihty: Definition.
Procedures for Insulin Coma and
Prefrontal Sonic Treatment.
§838.
Quarterly Reports on Convulsive,
Insulin Coma, and Prefrontal Sonic
Treatment — Application and
Requirement.
§838.1.
Quarterly Reports on
Psychosurgery.
§ 838.2.
Failure to Submit Quarterly
Reports.
§ 838.3.
Quarterly Reports to State.
§839.
Informed Consent for
Electroconvulsive Treatment.
§840.
Capacity to Consent or Refuse
Consent to Recommended
Treatment or Surgery.
§841.
Refusal to Consent to
Recommended Treatment or
Surgery.
§ 845.
Minors.
§847.
Post-Treatment Review
Committees.
§849.
Excessive Use of Convulsive
Treatment.
Article 5.5.
Voluntary Patients' Right to
Refuse Antipsychotic
Medications 22.24
§ 850.
Refusal of Antipsychotic
Medications.
§851.
Informed Consent to Antipsychotic
Medications.
§852.
Maintenance of Records.
§853.
Emergency.
§ 854.
Withdrawal of Consent.
§855.
Consequence of Refusal.
§856.
Definition of Antipsychotic
Medication.
§857.
Reports of Violations.
Article 6.
Patient Rights: Denial for
Good Cause 22.25
§860.
Application of Article.
§861.
List of Rights.
§862.
Notification of Rights.
§863.
Definitions.
§863.1
Assignment of Patients'/Residents'
Advocate.
§ 863.2
Duties of Patients'/Residents'
Advocate.
§864.
Complaint Procedure.
§865.
Authority for Denial of Rights.
§ 865.1
Denial of Rights in Community
Care Facilities.
§ 865.2
Good Cause for Denial of Rights.
§ 865.3
Documentation of Denial of Rights.
§ 865.4
Seclusion and Restraints.
§ 865.5
Restoration of Rights.
§866.
Quarterly Reports to the Director of
Health.
§867.
Access to Denial of Rights
Information.
§868.
Annual Review.
apter4.5.
Patients' Rights and Related
Procedures for Non-Lanterman-
Petris- Short Act Patients in
Department of Mental Health
FaciUties 22.27
Article 1.
General Provisions 22.27
§880.
Application of Chapter.
§881.
Definitions, Abbreviations and
Program Terms.
Article 2.
Non-LPS Patients' Rights 22.28
§882.
Notification of Rights.
§883.
Non-LPS Patients' Rights —
Non-Deniable.
Page iv
(4-11-2008)
Department of Mental Health
Table of Comtemits
Page
22.29
Article 1.
§900.
§901.
Article 2.
§910.
§911.
§912.
Article 3.
Article 4.
§ 884. Patients' Rights Subject to Denial
for Good Cause.
§ 885. Complaint and Appeal Procedure.
§ 886. Quarterly Reports to the Office of
Patients' Rights.
Article 3. General Limitations
Applicable to Non-LPS
Patients
§ 890. Clothing.
§891. Internet Usage.
§ 892. Operating Businesses from Within
the Facility.
Chapter 5. Conduct of Research and Patient
Data Information Requirements
in Facilities Providing Service
Under Divisions 5, 6, or 7 of
the Welfare and Institutions
Code 22.30
Application 22.30
Application of Chapter.
Section Headings.
Definitions and General
Provisions 22.30
Department.
Shall and May.
Facilities.
Research 22.30
Patient Data Information 22.30
Chapter 6. Joint Regulations for
Handicapped Children —
Interagency Responsibilities
for Providing Services to
Handicapped Children 22.30
§ 1000. Joint Regulations for Handicapped
Children
Chapter 7. Acute and Nonacute Levels of 24-
Hour Mental Health Care
Provided by County Mental
Health Agencies in Correctional
Treatment Centers 22.30
Application of Chapter.
Definitions.
Mental Health Treatment Program.
Mental Health Treatment
Program — General Requirements.
Mental Health Treatment
Program — Admission and
Discharge Policies.
Mental Health Treatment
Program — Multidisciplinary
Treatment Team.
Mental Health Treatment
Program — Individual Treatment
Plan.
Mental Health Treatment
Program — Services .
Acute Mental Health Care.
Nonacute 24-Hour Mental Health
Care.
Mental Health Treatment Program
Staffing — Basic Requirements.
§1101.
§1102.
§ 1103.
§ 1104.
§ 1105.
§ 1106.
§ 1107.
§1108.
§ 1109.
§1110.
§1111.
Chapter 8.
Chapter 9.
Article 1.
§ 1550.
§ 1551.
Article 2.
§ 1555.
§ 1556.
§ 1557.
Article 3.
§ 1560.
§ 1561.
§ 1562.
§ 1563.
§ 1564.
Article 4.
§ 1565.
§ 1566.
§ 1567.
§ 1568.
§ 1569.
§ 1570.
§ 1571.
§ 1572.
§ 1573.
§ 1574.
§ 1575.
§ 1576.
§ 1577.
§ 1578.
§ 1579.
Article 5.
§ 1585.
§ 1586.
Article 6.
§ 1590.
Chapter 10.
Article 1.
Page
§ 1112. Mental Health Treatment Prograin
Staffing — Acute Care
Requirements.
§ 1113. Mental Health Treatment Program
Staffing — Nonacute Care
Requirements.
§ 1114. Mental Health Treatment
Program — Space.
§ 1115. Clinical Restraint, Treatment
Restraint, and Clinical Seclusion.
Recovery Houses 22.34
Audit Appeals of Community
Mental Health Services Under
the Short-Doyle Act 22.34
Definitions 22.34
Policy.
Definitions.
Informal Conference 22.34
Time for Filing Request.
Contents of Request.
Informal Conference.
Filing of Appeal 23
Audit Appeal Hearing.
Time for Filing Appeal.
Denial of Late Appeal.
Form of Appeal.
Contents of Appeal.
Formal Appeal Hearing 23
Disqualification of Hearing Officer.
Joinder of Successive Appeals.
Scheduling of Hearings.
Witnesses and Subpoenas.
Consolidation of Proceedings.
Severance of Issues.
Preparation for Hearing.
Conduct of Hearing.
Official and Judicial Notice.
Department Records.
Continuance of Hearings; Further
Hearing.
Continuance for Additional
Evidence.
Representation at a Hearing.
Oral Argument and Briefs.
Decision.
Recovery of Overpayments 25
Recovery of Overpayments to Local
Mental Health Service.
Time of Recovery.
Payments 25
Underpayments.
Medi-Cal Psychiatric Inpatient
Hospital Services 25
Definitions, Abbreviations
and Program Terms 25
§ 1700. Acute Psychiatric Inpatient Hospital
Services.
§1701. Administrative Day Service.
§ 1702. Beneficiary.
§ 1703. Contract Hospital.
§ 1704. Culturally Competent Services.
§ 1705. Department.
§ 1706. Disproportionate Share Hospital
(DSH).
§ 1707. Fee-for-Service/Medi-Cal
Provider.
§ 1708. Fiscal Intermediary.
Page
(4-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
Page
Page
§ 1709
Hospital.
§ 1710
Hospital-Based Ancillary Services.
§ 1711
Implementation Plan for Psychiatric
Inpatient Hospital Services.
§ 1712
Medi-Cal Managed Care Plan.
§ 1713
Mental Health Plan.
§ 1714
Mental Health Plan (MHP) of
Beneficiary.
§1715
MHP Payment Authorization.
§ 1716
Non-contract Hospital.
§ 1717
Point of Authorization.
§ 1718
Provider.
§1719
Psychiatric Inpatient Hospital
Services.
§ 1720
Receipt or Date of Receipt.
§ 1721
Routine Services.
§1722
Short-Doyle/Medi-Cal Provider.
§ 1723
Submit or Date of Submission.
§ 1724
Traditional Hospital Provider.
Article 2.
Administration 26.4
§ 1725
Applicability of Laws and
Regulations.
§1726
Designation of MHPs.
§ 1727
Implementation Plan for Psychiatric
Inpatient Hospital Services.
§ 1728
Scope of Reimbursable Services.
§ 1729
Provider Selection Criteria.
§ 1730
Contracting for Service Availability.
§1731
State Oversight.
Article 3.
Fiscal Provisions 26.8
§ 1739
Allowable Psychiatric
Accommodation Code.
§1740
Border Communities.
§1741
Located.
§ 1742
Per Diem Rate.
§1743
Rate Region.
§1744
Risk Reinsurance.
§1745
Small County.
§ 1746
Small County Reserve.
§ 1747
Third Party Liabihty.
§1748
Usual and Customary Charges.
§ 1749
Utilization Control and Operations
Committee.
§ 1750
Small County Reserve.
§1751
Rate Setting for Psychiatric
§ 1752.
§ 1753.
Inpatient Hospital Services for
Negotiated Rate,
Fee-for-Service/Medi-Cal
Providers.
Rate Setting for Psychiatric
Inpatient Hospital Services for
Non-negotiated Rate,
Fee-for-Service/Medi-Cal
Providers.
Rate Setting for Psychiatric
Inpatient Hospital Services for
Short-Doyle/Medi-Cal Providers.
§ 1754.
Rate Reporting.
§ 1755.
Reporting Unexpended Balances.
Article 4.
Provision of Services
§ 1765.
Adverse Decision.
§ 1766.
Continued Stay Services.
§ 1767.
County Medical Services Program.
§ 1768.
Emergency Admission.
§ 1769.
Emergency Psychiatric Condition.
§ 1770.
Licensed Mental Health
Professional.
§1771.
Planned Admission.
§ 1772.
Prior Authorization.
§ 1773.
Utilization Review Committee.
§ 1774.
Medical Necessity Criteria for
Reimbursement of Psychiatric
Inpatient Hospital Services.
§ 1775.
Provider UtiUzation Control.
§ 1776. MHP Payment Authorization -
General Provisions.
§ 1777. MHP Payment Authorization by a
Point of Authorization.
§ 1778. MHP Payment Authorization for
Emergency Admissions by a Point
of Authorization.
§ 1779. MHP Payment Authorization by a
Utilization Review Committee.
Article 5. Problem Resolution
Processes 26.17
§ 1790. Complaint Resolution Process.
§ 1791. Denial.
§ 1792. Fair Hearing.
§ 1793. Grievance Process.
§ 1794. Terminated.
§ 1795. Beneficiary Problem Resolution
Processes.
§ 1796. Fair Hearing and Notice of Action.
§ 1797. Medical Assistance for Beneficiary
Pending Fair Hearing Decision.
§ 1798. Provider Appeal Process — Services.
§ 1799. Provider Appeal Process — Claims
Processing.
Chapter 1 1 . Medi-Cal Specialty Mental Health
Services 26.20
Subchapter 1 . General Provisions 26.20
Article 1 . General 26.20
§ 1810.100. General Program Description.
§ 1810.110. Applicability of Laws and
Regulations and Program
Flexibility.
Article 2. Definitions, Abbreviations
and Program Terms 26.21
§ 1810.200. Action.
§ 1 8 1 0.20 1 . Acute Psychiatric Inpatient Hospital
Services.
§ 1810.202. Administrative Day Service.
§ 1810.203. Adult Residential Treatment
Service.
§ 1810.203.5. Appeal.
§ 1810.204. Assessment.
§ 1810.205. Beneficiary.
§1810.205.1. Border Community.
§1810.205.2. Client Plan.
§ 1810.206. Collateral.
§1810.207. Contract Hospital.
§ 1810.208. Crisis Residential Treatment
Service.
§ 1810.209. Crisis Intervention.
§1810.210. Crisis Stabilization.
§1810.211. Cultural Competence.
§1810.212. Day Rehabilitation.
§ 1810.213. Day Treatment Intensive.
§ 1810.214. Department.
§ 1810.214.1. Disproportionate Share Hospital
(DSH).
§ 1810.215. Early and Periodic Screening,
Diagnosis and Treatment (EPSDT)
Supplemental Specialty Mental
Health Services.
§ 1810.216. Emergency Psychiatric Condition.
§1810.216.1. Fair Hearing.
§1810.216.2. Expedited Appeal.
§ 1810.216.4. Expedited Fair Hearing.
§1810.216.6. Fair Hearing.
§ 1810.216.8. Federal Financial Participation
(FFP).
§ 1810.217. Fee-for-Service/Medi-Cal
Hospital.
§1810.218. Fiscal Intermediary.
§ 1810.218. 1. Grievance.
§1810.218.2. Group Provider.
Page
VI
(4-11-2008)
Department of Mental Health
Table of Contents
Page
Page
810.219. Hospital.
810.220. Hospital-Based Ancillary Services.
810.22 1 . Implementation Plan.
810.222. Individual Provider.
810.222.1. Institution for Mental Diseases.
810.223. Licensed Mental Health
Professional.
810.223.5. Medi-Cal Eligibility Data System
(MEDS).
810.224. Medi-Cal Managed Care Plan.
810.225. Medication Support Services.
810.225.1. Memorandum of Understanding
(MOU).
8 1 0.226. Mental Health Plan (MHP).
810.227. Mental Health Services.
81 0.228. MHP of Beneficiary.
810.229. MHP Payment Authorization.
810.230. Non-Contract Hospital.
810.230.5. Notice of Action.
810.231. Organizational Provider.
810.231.1. Physical Health Care or Physical
Health Care Based Treatment.
810.232. Plan Development.
810.233. Point of Authorization.
810.234. Prior Authorization.
810.235. Provider.
810.236. Psychiatric Health Facility.
810.237. Psychiatric Health Facility Services.
810.237.1. Psychiatric Inpatient Hospital
Professional Services.
810.238. Psychiatric Inpatient Hospital
Services.
810.239. Psychiatric Nursing Facility
Services.
§1810.365. Beneficiary Billing.
§ 1810.370. MOUs with Medi-Cal Managed
Care Plans.
§1810.375. MHP Reporting.
§1810.380. State Oversight.
§1810.385. Civil Penalties.
Article 4. Standards 26.45
§ 1810.405. Access Standards for Specialty
Mental Health Services.
§ 1 810.410. Cultural and Linguistic
Requirements.
Coordination of Physical and
Mental Health Care.
Hospital Selection Criteria.
Contracting for Psychiatric Inpatient
Hospital Service Availability.
MHP Individual, Group and
Organizational Provider Selection
Criteria.
MHP Individual, Group and
Organizational Provider Contracting
Requirements.
Alternative Contracts and Payment
Arrangements Between MHPs and
Providers.
MHP Quality Management
Programs.
Subchapter 2. Medi-Cal Psychiatric
Inpatient Hospital
Services 26.50
§ 1810.415.
§ 1810.425.
§ 1810.430.
§ 1810.435.
§ 1810.436.
§ 1810.438.
§ 1810.440.
Article 1.
§
1810.240.
Psychiatrist Services.
§
1810.241.
Psychologist Services.
§
1810.242.
Receipt or Date of Receipt.
§
1810.243.
Rehabilitation.
§
1810.243.1.
Rehabilitative Mental Health
Services.
§
1810.243.5.
Risk Reinsurance.
§
1810.244.
Routine Hospital Services.
§
1810.245.
Service Activities.
§
1810.246.
Short-Doyle/Medi-Cal Hospital.
§
1810.246.1.
Significant Support Person.
§
1810.246.2.
Small County.
§
1810.246.3.
Small County Reserve.
§
1810.247.
Specialty Mental Health Services.
§
1810.248.
Submit or Date of Submission.
§
1810.249.
Targeted Case Management.
§
1810.250.
Therapy.
§
1810.251.
Third Party Liability.
§
1810.252.
Traditional Hospital.
§
1810.253.
Urgent Condition.
§
1810.253.1.
Usual and Customary Charges.
§
1810.254.
Waivered/Registered Professional.
icle 3.
Administration 26.37
§
1810.305.
Designation of MHPs.
§
1810.310.
Implementation Plan.
§
1810.315.
Contracts Between the Department
and the MHP
§
1810.317.
Contract Term.
§
1810.319.
Contract Amendment.
§
1810.320.
Contract Renewal.
§
1810.321.
Contract Renewal.
§
1810.323.
Contract Termination.
§
1810.325.
Appeal of Contract Termination.
§
1810.330.
Allocation of State Funds to MHPs.
§
1810.335.
Renegotiation of the Allocation of
State Funds to an MHP.
§
1810.341.
Small County Reserve Allocation.
^
1810.345.
Scope of Covered Specialty Mental
Health Services.
§
1810.350.
Scope of Covered Psychiatric
Inpatient Hospital Services.
§
810.355.
Excluded Services.
§
1810.360.
Notification of Beneficiaries.
Fiscal Provisions 26.50
Definitions.
Rate Setting for Psychiatric
Inpatient Hospital Services for
Negotiated Rate,
Fee-for-Service/Medi-Cal
Hospitals.
Rate Setting for Psychiatric
Inpatient Hospital Services for
Non-Negotiated Rate,
Fee-for-Service/Medi-Cal
Hospitals.
Rate Setting for Psychiatric
Inpatient Hospital Services for
Short-Doyle/Medi-Cal Hospitals.
Article 2. Provision of Services 26.52
§ 1 820.200. Definitions.
Medical Necessity Criteria for
Reimbursement of Psychiatric
Inpatient Hospital Services.
Hospital Utilization Control.
MHP Payment
Authorization — General Provisions.
MHP Payment Authorization by a
Point of Authorizarion.
MHP Payment Authorization for
Emergency Admissions by a Point
of Authorization.
MHP Payment Authorization by a
Utilization Review Committee.
Subchapter 3. Specialty Mental Health
Services Other than
Psychiatric Inpatient
Hospital Services 26.56
§1830.100. General Provisions.
Article 1 . Fiscal Provisions 26.56
§ 1830.105. Provider Rate Setting Standards and
Requirements.
§ 1830.115. Psychiatric Nursing Facility
Services Rates.
§ 1820.100.
§ 1820.110.
§ 1820.115.
§ 1820.120.
§ 1820.205.
§ 1820.210.
§ 1820.215.
§ 1820.220.
§ 1820.225.
§ 1820.230.
Article 2.
Provision of Services 26.57
Page vii
(4- U -2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
Page
Page
§ 1 830.205. Medical Necessity Criteria for MHP
Reimbursement of Speciality Mental
Health Services.
§ 1830.210. Medical Necessity Criteria for MHP
Reimbursement for Specialty
Mental Health Services for Eligible
Beneficiaiies Under 21 Years of
Age.
§ 1830.215. MHP Payment Authorization.
§ 1830.220. Authorization of Out-of-Plan
Services.
§ 1830.225. Initial Selection and Change of
Person Providing Services.
§ 1830.230. Psychiatric Inpatient Hospital
Professional Services.
§ 1830.245. Psychiatric Health Facility Services.
§ 1830.250. MHP Payment Authorization for
Psychiatric Nursing Facility
Services.
Subchapter 4.
Federal Financial
Participation
26.61
Article 1.
§ 1840.100.
§ 1840.105.
§ 1840.110.
§ 1840.112.
General 26.61
Definitions.
General.
Claims Submission.
MHP Claims Certification and
Program Integrity.
Altemadve Contract Provider Rates.
§ 1840.115.
Article 2. Psychiatric Inpatient
Hospital Services 26.63
§ 1840.205. General.
§ 1840.210. Non-Reimbursable Psychiatric
Inpatient Hospital Services.
§ 1840.215. Lockouts for Psychiatric Inpafient
Hospital Services.
Article 3. Specially Mental Health
Services Other Than
Psychiatric Inpatient
Hospital Services 26.64
§ 1840.302. Psychiatric Nursing Facility
Services.
§ 1840.304. Crosswalk Between Service
Funcfions and HCPCS Codes.
§ 1840.306. Psychiatrist, Psychologist, and
EPSDT Supplemental Specialty
Mental Health Services.
§ 1840.308. Service Functions.
§ 1840.312. Non-Reimbursable
Services — General.
§1840.314. Claiming for Service
Functions — General.
§ 1840.3 16. Claiming for Service Functions
Based on Minutes of Time.
§ 1840.318. Claiming for Service Functions on
Half Days or Full Days of Time.
§ 1840.320. Claiming for Service Funcfions
Based on Calendar Days.
§1840.322. Claiming for Service Functions
Based on Hours of Time.
§ 1840.324. Mental Health Services Contact and
Site Requirements.
; §1840.326. Medication Support Services
Contact and Site Requirements.
i §1840.328. Day Treatment Intensive Services
Contact and Site Requirements.
§ 1840.330. Day Rehabilitation Services Contact
and Site Requirements.
§ 1840.332. Adult Residential Treatment
Services Contact and Site
Requirements.
§ 1840.334. Crisis Residenfial Treatment
Services Contact and Site
Requirements.
§ 1840.336. Crisis Intervention Contact and Site
Requirements.
§ 1840.338. Crisis Stabilization Contact and Site
Requirements.
§ 1840.340. Psychiatric Health Facility Services
Contact and Site Requirements.
§ 1840..342. Targeted Case Management Contact
and Site Requirements.
§ 1840.344. Service Function Staffing
Requirements — General.
§ 1840.346. Medication Support Services
Staffing Requirements.
§ 1840.348. Crisis Stabilization Staffing
Requirements.
§ 1840.350. Day Treatment Intensive Staffing
Requirements.
§ 1840.352. Day Rehabilitation Staffing
Requirements.
§ 1840.354. Adult Residential Treatment
Services Staffing Requirements.
§ 1840.356. Crisis Residential Treatment
Services Staffing Requirements.
§ 1840.358. Psychiatric Heafth Facility Staffing
Requirements.
§ 1840.360. Lockouts for Day Rehabilitation and
Day Treatment Intensive.
§ 1840.362. Lockouts for Adult Residenfial
Treatment Services.
§ 1840.364. Lockouts for Crisis Residential
Treatment Services.
§ 1840.366. Lockouts for Crisis Intervention.
§ 1840.368. Lockouts for Crisis Stabilization.
§ 1840.370. Lockouts for Psychiatric Health
Facility Services.
§ 1840.372. Lockouts for Medicadon Support
Services.
§ 1840.374. Lockouts for Targeted Case
Management Services.
Subchapter 5.
Problem Resolution
Processes
Article 1.
§ 1850.205.
§ 1850.206.
§ 1850.207.
§ 1850.208.
§ 1850.209.
Article 2.
§ 1850.210.
§ 1850.212.
§ 1850.213.
§ 1850.215,
26.68(f)
Beneficiary Problem
Resolution Processes 26.68(f)
General Provisions.
The Grievance Process.
The Appeal Process.
The Expedited Appeal Process.
Beneficiary Problem Resolution
Processes Established by Providers.
Fair Hearing and Notice of
Action 26.68(h)
Provision of Nodce of Acdon.
Contents of a Nodce of Acdon.
Fair Hearings.
Continuadon of Services Pending
Fair Hearing Decision.
Provider Problem Resolution
and Appeal Processes 26.68(i)
General Provisions.
Provider Problem Resoludon
Process.
Provider Appeal Process.
Provider Appeals to the
Department.
Provider Appeal Process — Claims
Processing.
Article 4. Resolution of Disputes
Between MHPs regarding MHP
of Beneficiary 26.68(k)
§ 1850.405. Arbitradon Between MHPs.
Article 3.
§ 1850.305.
§ 1850.310.
§ 1850.315.
§ 1850.320.
§ 1850.325.
Page viii
(4-11-2008)
Department of Mental Health
Table of Contenlts
Page
§ 1850.415. Implementation of the Arbitrators'
Decision.
§ 1850.420. Provision of Medically Necessary
Services Pending Resolution of
Dispute.
Article 5. Resolution of Disputes
Between MHPs and Medi-Cal
Managed Care Plans 26.68(1)
§ 1850.505. Requests for Resolution.
§ 1850.515. Departments' Responsibility for
Review of Disputes.
§1850.520. Departments' Decision.
§ 1850.525. Provision of Medically Necessary
Services Pending Resolution of
Dispute.
§ 1850.530. Financial Liability.
§ 1850.535. Additional Conditions of the
Dispute Resolution Process.
Chapter 12. Mental Health Program Standards
for the Community Treatment
Facility 26.68(m)
Article 1.
§ 1900.
§ 1901.
Article 2.
§ 1902.
§ 1903.
§ 1904.
§ 1905.
§ 1906.
§ 1907.
Article 3.
§ 1908.
§ 1909.
Article 4.
§ 1910.
§ 1911.
§ 1912.
§ 1913.
§ 1914.
§ 1915.
§ 1916.
§ 1917.
Article 5.
§ 1918.
§ 1919.
§ 1920.
§1921.
§ 1922.
§ 1923.
§ 1924.
§ 1925.
§ 1926.
§ 1927.
§ J 928.
§ 1929.
§ 1930.
26.68(m)
General Provisions
Application of Chapter.
Definitions and Terms.
Mental Health Program
Certification Procedures 26.68(o)
Application for Mental Health
Program Certification.
Mental Health Program Certification
of Separate Premises.
Application Review.
Mental Health Program
Certification.
Application for Renewal of Mental
Health Program Certification.
Submission of a New Application.
Administrative Actions 26.69
Denial of Applicafion for Mental
Health Program Certification.
Revocation or Suspension of Mental
Health Program Certification.
Oversight and Enforcement
Provisions
26.70
Department Oversight.
Inspection by Department.
Required Reporting.
Complaints.
Investigafion Authority.
Notice of Noncompliance.
Determining Compliance.
Administrative Review.
Continuing Requirements 26.72
Facility Requirements.
Plan of Operation.
Mental Health Program Director
Requirements and Responsibilities.
Licensed Mental Health Treatment
Staffing.
Required Staff Training.
Admission Criteria.
Continuing Stay Criteria.
Discharge and Release Procedures.
Habeas Corpus Hearings.
Mental Health Program Components
and Documentation Requirements.
Psychotropic Medication Control
and Monitoring.
Restraint and Seclusion.
Discipline Practices.
Page
Article 6. Personal Rights 26.78
§1931. Patient's Rights.
§1932, Notification of Rights.
§1933. Complaint Procedures.
§1934. Denial of Rights.
§ 1935. Good Cause for Denial of Rights.
§ 1936. Documentation of Denial of Rights.
§1937. Restorafion of Rights.
§ 1938. Child and Family Involvement and
Participation.
Chapter 14. Mental Health Services Act 26.79
Article I. Application 26.79
§3100. Application of Chapter.
§ 3200.000. Act. [Repealed]
Article 2. Definitions 26.79
§ 3200.010. Adult.
§ 3200.020. Bridge Funding.
§ 3200.030. Children and Youth.
§ 3200.040. Client.
§ 3200.050. Client Driven.
§ 3200.060. Community Collaboration.
§ 3200.070. Community Program Planning
Process.
§ 3200.080. Community Services and Supports.
§ 3200.090. County.
§ 3200.100. Cultural Competence.
§3200.110. Department.
§3200.120. Family Driven.
§ 3200.130. Full Service Partnership.
§ 3200.140. Full Service Partnership Service
Category.
§ 3200. 1 50. Full Spectrum of Community
Services.
§3200.160. Fully Served.
§ 3200.170. General System Development
Service Category.
§ 3200.180. Individual Services and Supports
Plan.
§ 3200.190. Integrated Service Experience.
§ 3200.210. Linguistic Competence.
§ 3200.220. Mental Health Services Act.
§ 3200.225. Mental Health Services Act Housing
Program Service Category.
§ 3200.230. Older Adult.
§ 3200.240. Outreach and Engagement Service
Category.
§ 3200.250. Planning Esfimate.
§ 3200.260. Small County.
§ 3200.270. Stakeholders.
§ 3200.280. Transition Age Youth.
§ 3200.300. Underserved.
§ 3200.310. Unserved.
Article 3. General Requirements 26.85
§ 3300. Community Program Planning
Process.
§ 3310. The Three- Year Program and
Expenditure Plan.
§ 3315. Local Review Process.
§ 3320. General Standards.
§ 3350. Amendment of MHSA Performance
Contract.
§ 3360. Program Flexibility.
Article 4. Funding Provisions 26.87
§ 3400. Allowable Costs and Expenditures.
§3405. Allowable Use of Funds in the
Service Categories of the
Community Services and Supports.
[Repealed]
§ 3410. Non-Supplant.
§ 3415. Non-Supplant Reporting
Requirements. [Repealed]
Article 5. Reporting Requirements 26.88
Page
IX
(4-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
Page
Page
§ 3500.
Non-Supplant Certification and
Reports.
§ 3505.
Cost Report.
§ 3510.
Annual MHSA Revenue and
Expenditure Report.
§ 3520.
Local Mental Health Services Fund
Cash Flow Statement.
§ 3530.
Client/Services Reporting
Requirements.
§3530.10.
Client and Service Information
System Data.
§ 3530.20.
Quarterly Progress Report.
§ 3530.30.
Full Service Partnership
Performance Outcome Data.
§ 3530.40.
Consumer Perception Semi-Annual
Survey.
§ 3540.
Information Technology Project
Status Report.
Article 6.
§ 3610.
§3615.
§ 3620.
§ 3620.05.
§ 3620.10.
§ 3630.
§ 3640.
§ 3650.
Community Services and
Supports 26.90
General Community Services and
Supports Requirements.
Community Services and Supports
Service Categories.
Full Service Partnership Service
Category.
Criteria for Full Service
Partnerships Service Category
Full Service Partnership Data
Collection Requirements.
General System Development
Service Category.
Outreach and Engagement.
Conimunity Services and Supports
Component of the Three- Year
Program and Expenditure Plan.
Page X
(4-11-2008)
Department of Mental Health
REHABILITATIVE AND DEVELOPMENTAL
SERVICES
division t= Department of H^ental Health
Assigned
Disclosure
Categories
lapter
Requirements for Operation of
Private institutions
History
1. Repealer of Subchapter ] (Sections 1 through 153) and new Subchapter ] (Sec-
tions 1 through 295) filed 5-29-62; designated effective 7-1-62 (Register 62,
No. 1 1 ). For prior history see Register 54, No. 22.
2. Repealer of Subchapter 1 and new Subchapter 1 (Sections 1,2,2.5, 3-34,40-47,
50-59, 59.1, 60-62, 70-72, 80, 90-92, 100, 101, 110-118, 120, 130-132,
140-152, 160-163, 170, 171. 180-187, 190, 200-213, 220-225, 230-238,
240-247, 250-253, 260, 270-275, 280-285, 290, 300, 301, 310-313, 320-324)
filed 6-30-65 as an emergency; effective upon filing. Certificate of Com-
pliance — Sec. 11422.1, Gov. Code included (Register 65, No. 11).
3. Repealer of Subchapter 1 (Articles 1-28, Sections 1-313, not consecutive) filed
1-13-83; effective upon filing pursuant to Government Code Section
1 1346.2(d) (Register 83, No. 3). For prior history, see Registers 78, No. 44; 75,
No. 31 ; 75, No. 24; and 69, No. 26.
Chapter 2. Conflict of interest Code
§ 400. Genera! ProvBsions.
The Political Reform Act, Government Code Sections 81000, et seq.,
requires state and local government agencies to adopt and promulgate
Conflict of Interest Codes. The Fair Political Practices Commission has
adopted Section 1 8730 ofTitle 2, California Code of Regulations (CCR),
containing the terms of a standard Conflict of Interest Code. Section
18730 may be incorporated by reference, and may be amended by the
Fair Political Practices Commission to conform to amendments in the
Political Reform Act after public notice and hearings. Therefore, the
terms of Section 18730 ofTitle 2, CCR and any amendments to it duly
adopted by the Fair Political Practices Commission, along with the at-
tached Appendices (in which officials and employees are designated and
disclosure categories are set forth), are hereby incorporated by reference.
These terms, amendments and Appendices constitute the Conflict of In-
terest Code of the Department of Mental Health.
Designated employees shall file statements of economic interests with
the Department of Mental Health. The Director' s original statement shall
be sent to the Fair Political Practices Commission and a copy retained by
the filing officer.
NOTE: Authority cited: Sections 87300 and 87306, Government Code. Reference:
Section 87300, et seq.. Government Code.
Assigned
Disclosure
Categories
1
1
1
1
2
1
1
1
1
3
1
Designated Employees
DIRECTOR'S OFFICE
Director
Chief Deputy Director
Assistant Director, External Affairs
Special Assistant to the Director
Consumer Liaison
All Staff Counsels
Career Executive Assignments (CEA)
Assistant Director, Clinical Services
Assistant Director, Legislation
Chief, Office of Multicultural Services
Chief, Office of Human Rights
Chief Counsel
California Mental Health Planning Council
Executive Officer
Designated Employees
SYSTEMS OF CARE
CEA
Deputy Director, Systems of Care
Assistant Deputy Director, Systems of Care
Chief, Evaluation Statistics and Support
Chief, Program Policy and County Operations
Chief, Medi-Cal Mental Health Policy
Program Support/County Operations — North and South
Mental Health Program Supervisor
ADMINISTRATIVE SERVICES
CEA
Deputy Director, Administrative Services
Chief, Human Resources
Chief, Financial Services
Chief, County Financial Program Support
Chief, Information Technology
Human Resources
Staff Services Manager
Associate Business Management Analyst
Health and Safety Officer
Business Services Officer
Financial Services
Accounting Administrators
Associate Budget Analyst
Information Technology
Data Processing Managers
LONG TERM CARE SERVICES
CEA
Deputy Director, Long Term Care
Assistant Deputy Director, Long Term Care
Chief, Hospital Operations
Chief, Hospital Security
Chief, Forensic Services
Chief, Sex Offender Commitment Program
Chief, Program Policy & Fiscal Support
Forensic Services
Mental Health Program Supervisors
State Hospitals
CEA
Executive Director
Medical Director
Hospital Administrator
Clinical Administrator
Accounting Administrators
Accounting Officers
Assistant Hospital Administrator
Chief, Physician and Surgeon
Chiefs of Plant Operations
Chief of Professional Education
Data Processing Managers
Director of Dietetics
Assistant Director of Dietetics
Hospital General Services Administrators
Patient Benefit and Insurance Officers
Pharmacy Services Manager
Senior Special Investigators
Training Officers
PROGRAM COMPLIANCE
Deputy Director, Program Compliance
Mental Health Program Supervisor
Supervising Governmental Auditors
All Department Consultants*
*Consultants should be included in the list of designated employees and should
disclose pursuant to the broadest disclosure category in the Code subject to the fol-
lowing limitaUon:
With respect to Consultants, the Director, however, may determine in writing
that a particular consultant, although a "designated person", is hired to perform a
range of duties that are limited in scope and thus not required to comply with the
disclosure requirements described in this Section. Such determination shall in-
clude a description of the consultant's duties and, based upon that description, a
1
I
2, 3&4
2, 3 & 4
2&3
1
3
1 &4
3
3
3
3
2
3
2
4
3
1
]
1 &3
1 &3
2
3
2, 3&4
1
1 &6
1 &3
1 &6
2
2
3&6
3&6
3
3&6
2
3
3
3&6
1
3&6
4, 5&6
3
1
2
1
1
Pagel
Register 2006, No. 3; 1-20-2006
§500
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
statement of the extent of disclosure requirements. Nothing herein excuses any
such consultant from any other provision of this Economic Interest Code.
Appendix B
Disclosure Categories
Categor}' 1
Designated employees assigned to this category must report:
Interests in real property located within one mile of any hospital sub-
ject to the Department jurisdiction, and all investments and business
positions in business entities and sources of income, including loans,
gifts, and travel payments.
Category 2
Designated employees assigned to this category must report:
All investments and business positions in business entities and sources
of income, including loans, gifts, and travel payments.
Category 3
Designated employees assigned to this category must report:
Investments and business positions in business entities and sources of
income, including loans, gifts, and travel payments, of the type to con-
tract with the Department of Mental Health.
Category 4
Designated employees assigned to this category must report:
Investments and business positions in business entities and sources of
income, including loans, gifts, and travel payments, of the type to be eli-
gible to receive grants or other monies (excluding monies received pur-
suant to the contracts as specified above in Category 3 disclosure).
Category 5
Designated employees assigned to this category must report:
Investments and business positions in business entities and sources of
income, including loans, gifts, and travel payments, that are regulated by
the division of the Department of Mental Health in which the designated
employee holds his or her position.
Category 6
Designated employees assigned to this category must report:
Investments and business positions in business entities and sources of
income, including gifts, loans, and travel payments, of the type to be eh-
gible to receive patient referrals for the delivery of health care services
or supphes by the hospital to which the employee is assigned.
History
1 . New Subchapter 2 (Sections 400-420, not consecutive) filed 3-27-79; effective
thirtieth day thereafter. Approved by the Fair Political Practices Commission
1-17-79 (Register 79, No. 1 3). For history of former Subchapter 2, see Register
75, No. 31.
2. Repealer of Subchapter 2 (Sections 400^20 and Appendices A-C) and new
Subchapter 2 (Section 400 and Appendix) filed 2-26-81; effective thirtieth day
thereafter. Approved by Fair Political Practices Commission 12-1-80. (Regis-
ter 81, No. 9).
3. Repealer of section and Appendix and new section and Appendices A and B
filed 3-12-2001; operative 4-11-2001. Approved by Fair Political Practices
Commission 1-26-2001 (Register 2001, No. 11).
4. Amendment of Appendices A and B filed 1-19-2006; operative 2-18-2006.
Approved by Fair Political Practices Commission 1 1-22-2005 (Register 2006,
No. 3).
Chapter 3. Community Mental Health
Services Under the Short-Doyle Act
Article 1. Application
§ 500. Application of Subchapter.
Subchapter 3 shall apply to Community Mental Health Services and
Local Mental Health Services as defined in and for which state reim-
bursement is claimed under the provisions of Part 2 of Division 5 of the
Welfare and Institutions Code.
NOTE: Authority cited: Section 5750, Welfare and Institutions Code. Reference:
Section 5750, Welfare and Institutions Code.
History
1 . Repealer of Subchapter 3, Community Mental Health Services under the Short-
Doyle Act, and Subchapter 3, Community Mental Health Services, and new
Subchapter 3, Community Mental Health Services under the Short-Doyle Act
(Sections 500, 501 , 510-5 1 7, 520-527, 540-552, 560-563, 580-583, 600, 601 ,
620, 620.1, 621-630, 640-642, 660-663, 680, 690, 691, 700, 710-716, 730,
740-742, 750, 760, 761, 770-772) filed 5-21-69; all designated effective
7-1-69, except sections 580 and 581 , designated effective on thirtieth day after
filing (Register 69. No. 21). For prior history, see Register 68, No. 27.
2. Editorial coirection of NOTE filed 10-26-82 (Register 82, No. 44).
§ 501. Section Headings.
History
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83. No. 3).
Article 2. Definitions
§510. Act.
"Act" means Part 2 of Division 5 of the Welfare and Institutions
Code, known as the Short-Doyle Act.
NOTE: Authority cited: Section 5750, Welfare and Institutions Code. Reference:
Secfions 5600 and 5750, Welfare and Institutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
§511. Local Director.
"Local director" means the administrator or director of the Local
Mental Health Service appointed by the governing body.
NOTE; Authority cited: Sections 5607, 5751 and 5751 .1 , Welfare and Institutions
Code. Reference: Sections 5607 and 5650, Welfare and Institutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
§ 51 2. Local Mental Health Service.
"Local Mental Health Service" means community mental health ser-
vices established under the Short-Doyle Act.
NOTE: Authority cited: Section 5750, Welfare and Institutions Code. Reference:
Section 5602, Welfare and Institutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
§513. Department.
"Department" means the State Department of Mental Health.
NOTE: Authority cited: Section 5750, Welfare and Institutions Code. Reference:
Sections 4001, 4011 and 5750, Welfare and Institutions Code.
History
1. Amendment filed 6-29-73 as an emergency; designated effective 6-30-73
(Register 73, No. 26).
2. Certificate of Compliance filed 10-24-73 (Register 73, No. 43).
3. Amendment filed 6-30-78 as an emergency; designated effective at 1 1 :59 p.m.
on 6-30-78 (Register 78, No. 26).
4. Certificate of Comphance transmitted to OAH 10-27-78; filed 10-31-78 (Reg-
ister 78, No. 44).
5. Editorial correction of NOTE filed 10-26-82 (Register 82, No. 44).
§ 51 4. May, Shall and Should.
"May" is permissive. "Shall" is mandatory. "Should" means desir-
able.
§515. General Hospital.
History
1 . Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
§516. Psychiatric Hospital.
History
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
§517. County Plan.
"County Plan" means the County Short-Doyle Plan which must be
adopted by each county, or counties acting jointly, in accordance with
Section 5650 of the act.
NOTE: Authority cited: Sections 5650 and 5750, Welfare and Institutions Code.
Reference: Sections 5651, 5651.1, 5651.2, 5651.5, 5651.7, 5652 and 5653, Wel-
fare and Institudons Code.
History
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
2. Editorial correction of History 1 (Register 95, No. 10).
Page 2
Register 2006, No. 3; 1-20-2006
Title 9
Department of Mental Health
§526
Article 3= General Provisions
§ 520. Establishment of Local Services.
History
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
§ 521. Supervision by Local Director.
The Local Director shall maintain general supervision over all Local
Mental Health Services through direct operation of the services or by
written arrangement with the person or agency providing the service.
Such arrangement shall permit the Local Director to supervise and speci-
fy the kind, quality and amount of the services and criteria for determin-
ing the persons to be served.
NOTE: Authority cited: Section 5750, Welfare and Institutions Code. Reference:
Sections 5607, 5608, 5609 and 5609.5, Welfare and Institutions Code.
History
1 . Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
§ 522. MedicaS Responsibility.
A physician meeting the qualifications of Section 620 (a) shall assume
responsibility for all those acts of diagnosis, treatment, or prescribing or
ordering of drugs which may only be performed by a licensed physician.
NOTE: Authority cited: Sections 5751 and 5751.1, Welfare and Institutions Code.
Reference: Sections 5751 and 5751.1, Welfare and Institutions Code.
History
1. Amendment filed 1-12-73; effective thirtieth day thereafter (Register 73, No.
2).
2. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
§ 523. Contracts for Service.
(a) Where a person or agency is providing treatment services for the
Local Mental Health Service, the service shall be provided through writ-
ten agreement. The provider of services and the Local Mental Health Ser-
vice shall comply with the provisions of this subchapter.
(b) All applications to provide services by written agreement shall be
made in writing to the Local Mental Health Director within such time as
is necessary to permit a thorough review by the Local Mental Health Di-
rector and such county administrative officers as the board of supervisors
may require to allow an orderly review, prior to the submission of the an-
nual county plan to the Department.
(c) When a treatment service being provided through written agree-
ment is terminated during the fiscal year or a new service is initiated,
applications will be accepted to provide the service during the fiscal year
if the Local Mental Health Director desires to continue the service or to
initiate a new service.
(d) In evaluating the applications of potential providers of service, the
ocal Mental Health Director shall consider, but not be limited to, the fol-
lowing characteristics to determine the appropriateness and desirability
of the written agreement:
(1) Compatibility with county plan.
(2) Assurance of continuity of care to patients being served.
(3) Local availability, accessibility and degree of acceptability to pop-
ulation to be served.
(4) Unique service to target group of special importance.
(5) Appropriate business and administrative practices which show evi-
dence of ability to comply with the Act's requirements, regulations, ac-
counting, reporting and auditing standards.
(6) Degree of citizens' participation in the planning and implementa-
tion of the proposed contract.
(7) Evidence of demonstrated competence and experience in the area
of the program proposal.
(e) Written agreements shall be consummated in compliance with all
local rules and regulations. Ail written agreements shall be approved by
the Local Mental Health Director or his or her designee and, when fully
negotiated, a copy of such written agreements shall be forwarded by the
county to the Department to be filed with the annual county plan.
NOTE: Authority cited: Sections 5600.5 and 5750, Welfare and Insfitutions Code.
Reference: Sections 5609.5, 5650 and 5651, Welfare and Institutions Code.
History
1. Amendment filed 12-8-72; effective thirtieth day thereafter (Register 72, No.
50).
2. Amendment filed 6-5-78; effective thirtieth day thereafter (Reeister 78, No.
23).
3. Change without regulatory effect of subsections (b) and (e) (Register 88, No.
3).
§ 524. Fee Schedules.
Fees for service to an individual shall be charged in accordance with
the ability of the patient or responsible relative to pay, but not in excess
of actual costs. Fees shall be charged in accordance with a uniform fee
schedule adopted by the Director of the state Mental Department of
health pursuant to this Act.
NOTE: Authority cited: Section 5750, Welfare and Institutions Code. Reference:
Sections 5717 and 5718, Welfare Institutions Code.
History
1 . Change without regulatory effect (Register 88, No. 3).
§ 525. Auxiliary Personnel
Each Local Mental Health Service should have sufficient clerical per-
sonnel, and such accounting and statistical assistance as may be neces-
sary to maintain adequate records.
NOTE: Authority cited: Section 5751, Welfare and Institutions Code. Reference:
Section 5751, Welfare and Institutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
§ 526. Admission Policies.
Each Local Mental Health Service shall have admission policies
which shall be in writing and available to the public. Such policies shall
include a provision that patients will be accepted for care without unlaw-
ful discrimination on the basis of ethnic group identification, color, reli-
gion, age, sex, physical or mental disability. This section shall apply to
services provided by contract as well as those provided directly by the
Local Mental Health Service.
NOTE; Authority cited: Section 11138, Government Code; and Section 5750,
Welfare and Institutions Code. Reference: Section 1 1 135, Government Code; and
Selection 5325. 1 , Welfare and Institutions Code.
History
1. Change without regulatory effect (Register 88, No.3).
[The next page is 3.
Page 2.1
Register 2006, No. 3; 1-20-2006
Department of Mental Health
§531
§ 527. DJscrimonatory Practices.
The Local Mental Health Service shall not employ unlawful discrimi-
natory practices in the admission of patients, assignment of accommoda-
tions, employment of personnel, or in any other respect on the basis of
color, religion, age, sex, or physical or mental disability. This section
shall apply to services provided by contract as well as those provided di-
rectly by the Local Mental Health Service.
NOTE; Authority cited: Section 11138, Goveminent Code; and Section 5750,
Welfare and Institutions Code. Reference: Section 1 1 135, Govemmeni Code; and
Section 5325.1, Welfare and Institutions Code.
History
1. Change without regulatory effect (Register 88, No. 3).
§ 529. iViental Health Advisory Board Composition.
(a) The composition of the Mental Health Advisory Board shall reflect
the minority populations found in the county.
(b) Each county shall indicate in the county mental health plan the mi-
nority group affiliations of current board members.
(c) Each county shall describe in the plan efforts being made to place
presently unrepresented and under-represented minority group mem-
bers on the Board, including a timetable to achieve equitable representa-
tion.
(d) Each county may reimburse mental health advisory board mem-
bers for reasonable expenses incurred incident to the performance of
their official duties and responsibilities. Such expenses may include trav-
el, lodging, child care, and meals for the members of the advisory board
while on official business as may be approved by the director of the local
mental health program.
NOTE; Authority cited: Sections 5604, 5604.5, 5606.1, 5715, and 5750, Welfare
and Institutions Code. Reference: Sections 5604, 5604.5, 5606, 5606.1, 5606.2,
and 5715, Welfare and Institutions Code.
History
1 . New section fded 12-20-79; effective thirtieth day thereafter (Register 79, No.
51).
§ 530. Mental Health Advisory Board Committee
Composition.
(a) The composition of various standing committees and other adviso-
ry groups addressed in the county mental health plan whose function it
is to assist and advise the County Mental Health Advisory Board shall re-
flect the minority populations found in the county.
(b) Each county mental health plan submitted to the State Department
of Mental Health shall list the standing committees of and advisory
groups to the County Mental Health Advisory Board that have partici-
pated in the development of the county mental health plan. The minority
group affiliations of current committee and group members shall be
listed.
(c) The Department shall waive all or part of the requirements of this
section where it is agreed by the Department and the county that there is
not a significant number of any minority group in the county.
NOTE: Authority cited: Sections 5606.1 and 5750, Welfare and Institutions Code.
Reference: Sections 5604, 5606, 5606.1 and 5606.2, Welfare and Institutions
Code.
History
] . New section fded 12-20-79; effective thirtieth day thereafter (Register 79, No.
51).
cle 3.5o Standards for the Certification
of Social Rehabilitation Programs
§ 531. Program Standards and Requirements.
(a) To be certified as a Short-Term Crisis Residential Treatment Pro-
gram, a program shall provide:
(1) Services as specified in either subsection (e) or (0 of section 541
as an alternate to hospitalization for individuals experiencing an acute
psychiatric episode or crisis. The planned length of stay in the program
shall be in accordance with the client's assessed needs, but not to exceed
thirty (30) days, unless circumstances require a longer length of stay to
ensure successful completion of the treatment plan and appropriate refer-
ral. The reasons for a length of stay beyond thirty (30) days shall be docu-
mented in the client's case record. Under no circumstances may the
length of stay exceed three (3) months.
(2) Scheduling of staff which provides for at least two (2) staff mem-
bers to be on duty 24 hours a day, seven (7) days per week. If program
design resuhs in some clients not being in the faciUty during specific
hours of the day, scheduling adjustments may be made so that coverage
is consistent with and related to the number and needs of clients in the
facility. During the night time hours, when clients are sleeping, only one
of the two on duty staff members need be awake, providing the program
does not accept admissions at that time. There shall be a staffing ratio of
at least one (1) full-time equivalent direct service staff for each 1 .6 cli-
ents served.
(b) To be certified as a Transitional Residential Treatment Program,
a program shall provide:
(1) Services as specified in either subsection (h) or (i) of section 541
which shall provide a therapeutic environment in which clients are sup-
ported in their efforts to acquire and apply interpersonal and independent
living skills. The program shall also assist the client in developing a per-
sonal community support system to substitute for the program's support-
ive environment and to minimize the risk of hospitalization and enhance
the capability for independent living upon discharge from the program.
The planned length of stay in the program shall be in accordance with the
client's assessed need, but not to exceed one (1) year; however, a length
of stay not exceeding a maximum total of 18 months is permitted to en-
sure successful completion of the treatment plan and appropriate referral.
The reasons for a length of stay beyond one (1 ) year shall be documented
in the client's case record.
(2) Greater number of staff shall be present during times when there
are greater numbers of clients in programmed activities. Staff schedules
shall be determined by the program based on the number of clients in the
program during specific hours of the day, level of care provided by the
program, and the range of services provided within the facility.
At least one staff member shall be present at any time there are clients
at the facility. There shall be a staffing ratio of at least one (1) full-time
equivalent direct service staff for each 2.5 clients served. All scheduled
hours in the facility shall be considered part of this required full-time
equivalent staffing ratio.
(c) To be certified as a Long-Term Residential Treatment Program, a
program shall provide:
(1) Services as specified in subsection (j) of section 541 in order to pro-
vide a 24-hour therapeutic residential setting with a full range of social
rehabilitation services, as defined in section 532 of these regulations, in-
cluding day programming for individuals who require intensive support
in order to avoid long-term hospitalization or institutionalization. The
planned length of stay shall be in accordance with the client's assessed
needs but under no circumstances may that length of stay be extended be-
yond eighteen (18) months.
(2) Scheduling of staff which provides for the maximum number of
staff to be present during the times when clients are engaged in structured
activities. At least one direct service staff shall be on the premises
24-hours a day, seven (7) days per week. Additional staff, including
part-time or consulting services staff, shall be on duty during program
hours to provide specialized services and structured evening services.
When only one staff member is on the premises there shall be staff on call
who can be contacted by telephone if an additional staff person is needed,
and can be at the facility and on duty within 60 minutes after being con-
tacted. There shall be a staffing ratio of at least one (1) full-time equiva-
lent direct service staff member for each 2.8 clients served.
(d) "Direct service staff shall mean employees whose duties include
the treatment, training, care and/or supervision of the program's clients.
NOTE; Authority cited: Section 5458.1, Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and Institutions Code.
History
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
Page 3
Register 95, No. 43; 10-27-95
§532
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
§ 532. Service Requirements.
(a) Structured day and evening services shall be available seven (7)
days a week. Services in all programs shall include, but not be limited to:
(1) Individual and group counsehng;
(2) Crisis intervention;
(3) Planned activities;
(4) Counseling, with available members of the client's family, when
indicated in the client's treatment/rehabilitation plan;
(5) The development of community support systems for clients to
maximize their utilization of non-mental health community resources;
(6) Pre-vocational or vocational counseling;
(7) Client advocacy, including assisting clients to develop their own
advocacy skills;
(8) An activity program that encourages socialization within the pro-
gram and general community, and which links the client to resources
which are available after leaving the program; and,
(9) Use of the residential environment to assist clients in the acquisi-
tion, testing, and/or refinement of community hving and interpersonal
skills.
(b) In addition to the services in subsection (a). Transitional Residen-
tial Treatment Programs shall provide services which emphasize the de-
velopment of vocational skills, and linkages to services offering transi-
tional employment or job placement.
(c) In addition to the services in subsection (a), Long-Term Residen-
tial Treatment Programs shall provide pre-vocational and vocational ser-
vices. Tliese services shall be designed to provide a continuum of voca-
tional training and experience including volunteer activities, supported
employment, transitional employment and job placement. When any of
these vocational services are provided by outside agencies or programs,
written agreements or documented treatment plans shall be developed
consistent with the treatment goals and orientation of the program. Long-
Term Residential Treatment Programs shall also include provisions for
special education services and learning disability assessment and reme-
diation.
NOTE: Authority cited: Section 5458. 1 , Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and Institutions Code.
History
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
§ 532.1. Medical Requirements.
Medical and psychiatric policies and practices of all programs shall be
in writing and shall include, but not be limited to:
(a) A plan for the monitoring of medications by a person licensed to
prescribe or dispense prescription drugs which will include but not be
limited to the name and qualifications of the person or persons who will
conduct the monitoring, its frequency and procedures;
(b) Screening for medical complications which may contribute to dis-
ability conducted by a physician, nurse practitioner or physician's assis-
tant and a plan for follow-up. The screening for medical complications
shall occur within 30 calendar days prior to, or after admission. If a client
refuses a screening for medical complications, the program shall docu-
ment the refusal in the client case record.
(c) Client education, provided by program staff or consultants, about
the role of medications and their potential side effects, with the goal of
enabling the client to become responsible for his or her own medication;
(d) Entries in client case records indicating all prescribed and non-
prescribed medications;
(e) Provisions for program staff to discuss medication issues with a
person licensed to prescribe or dispense prescription drugs;
(f) Provisions for central storage of medication when necessary; and,
(g) Encouragement to clients, when part of the treatment/rehabilita-
tion plan, to be personally responsible for holding, managing and safe-
guarding all of their medications.
Note-. Authority cited: Section 5458.1, Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and Institutions Code.
History
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
§ 532.2. Treatment/Rehabilitation Plan and Documentation
Requirements.
(a) Each program shall have an admission agreement, signed on entry
by the client or an authorized representative and program representative,
describing the services to be provided and the expectations and rights of
the chent regarding house ailes, client involvement in the program, and
fees. The client shall receive a copy of the signed admission agreement.
(b) There shall be a written assessment of each chent on admission
which includes at least:
(1) Health and psychiatric histories;
(2) Psychosocial skills;
(3) Social support skills;
(4) Current psychological, educational, vocational and other function-
al hmitations;
(5) Medical needs, as reported; and,
(6) Meal planning, shopping and budgeting skills.
(c) The program and client shall together develop a written treatment/
rehabilitation plan specifying goals and objectives and the staff and cli-
ent's responsibilities for their achievement. Clients shall be involved in
an on-going review of progress towards reaching established goals and
be involved in the planning and evaluation of their treatment goals. The
plan shall contain at least the following elements:
(1) Statement of specific treatment needs and goals.
(2) Description of specific services to address identified treatment
needs.
(3) Documentation of reviews by staff and client of the treatment/reha-
bilitation plan adhering to the following schedule:
(A) Short-term Crisis Residential Treatment Program: at least weekly.
(B) Transitional Residential Treatment Program: at least once every
30 days.
(C) Long Term Residential Treatment Program: at least once every 60
days.
(4) Anticipated length of stay needed to accomplish identified goals,
and methods to evaluate the achievement of these goals.
(d) If an individual treatment/rehabilitation plan requires services to
be provided by another program or agency, there shall be documented ev-
idence in the client's case record of communication between all persons
responsible for carrying out specific aspects of the treatment/rehabilita-
tion plan.
(e) The agency or program shall arrange for clients to attend communi-
ty programs when needs are identified in the treatment/rehabilitation
plan which cannot be met by the facility, but can be met in the communi-
ty-
(f) There shall be a written discharge summary prepared by staff and
client, which includes an outline of services provided, goals accom-
phshed, reason and plan for discharge, and referral follow-up plans.
(g) The admission assessment, treatment/rehabilitation plan, and dis-
charge summary shall be prepared by staff who have received training in
the development and preparation of these documents.
(1) Training required to be provided by the facility shall include:
(A) A minimum of one hour of instruction on the development and
preparation of the admission assessment.
(B) A minimum of one hour of instruction on the development and
preparation of the treatment/rehabiUtation plan.
(C) A minimum of one hour of instruction on the development and
preparation of the discharge summary.
(D) Subject matter for all training provided for in this subsection shall
include the expected content of documentation, methods used to prepare
the document, timeframes for completion of documentation, and consul-
tative sources to be utilized in preparing the document.
(2) Training provided for in this subsection shall consist of one or more
of the following presentation methods:
(A) Formal classroom instruction;
(B) Oral presentation;
(C) Videotape, film, or audiovisual presentation;
Page 4
Register 95, No. 43; 10-27-95
Title 9
Department of Mental Health
§533
(D) Audiotape presentation; or
(E) Performing the duties, on the job, under the direct supervision of
the instructor.
NOTE: Authority cited: Section 5458. 1 , Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and institutions Code.
History
1. New section tiled 1-3-91; operative 2-2-91 (Register 91 , No. 7).
§ 532.3. Admission/Discharge Criteria.
(a) Admission and discharge criteria of all programs shall be written
and consistent with program goals.
The program's exclusionary criteria shall also be written and clearly
defined.
(b) The program shall have written policies and procedures for orient-
ing new chents to the service.
(c) The range of services provided shall be discussed prior to admis-
sion with the prospective client or an authorized representative so that the
program's services are clearly understood.
NOTE: Authority cited: Section 5458.1 , Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and Institutions Code.
History
I. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
§ 532.4. Client invoivemeot Requirements.
(a) Clients shall be involved in the development and implementation
of his/her treatment/rehabilitation plan.
(b) Clients shall be involved, depending on capability, in the operation
of the household. This shall include participation in the formulation and
monitoring of house rules, as well as in the daily operation of the facihty,
including but not limited to cooking, cleaning, menu planning and activ-
ity planning.
(c) Clients shall be encouraged to participate in program evaluations
and reviews.
NOTE: Authority cited: Section 5458.1 , Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and Institutions Code.
History
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
§ 532.5. Physical Enveronmental Requirements.
(a) Programs shall meet the facility requirements of section 5453(a) of
the Welfare and Institutions Code.
(b) Program location shall allow for access by clients to community
resources and public transportation.
NOTE: Authority cited: Section 5458.1, Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfai-e and Institutions Code.
History
I. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
§ 532.6. Staff Characteristics, Qualifications and Duty
Requirements.
(a) Programs shall meet the staffing requirements of section 5453(b)
of the Welfare and Institutions Code.
(b) The program shall document the use of multi- disciplinary profes-
sional consultation and staff when necessary to meet the specific diag-
nostic and treatment needs of the clients.
(c) Paraprofessionals and persons who have been consumers of mental
health services shall be utilized in the program when consistent with the
program design and services provided.
(d) All social rehabilitation facilities shall have a program director.
(e) The program director shall be on the premises the number of hours
necessary to manage and administer the program component of the facil-
ity in compliance with applicable laws and regulations.
(f) The program director of a certified Short-Term Crisis Residential
Treatment Program shall have the following qualifications prior to em-
ployment.
(1) A Bachelor's Degree in Psychology, Social Work or any other ma-
jor which includes at least 24 semester college units in one or more of the
following subject areas:
(A) Psychology
(B) Social Work
(C) Sociology
(D) Behavioral Sciences
(E) Psychiatric Nursing; and
(2) Two (2) years of full-time work experience in a community pro-
gram that serves clients who have a mental illness. Such experience must
be in the direct provision of services to clients, of which one (1 ) year must
be in the position of supervising direct care staff, or
(3) As an alternative to the Bachelor Degree and experience required
in paragraph (1) and (2) of this subsection, a total of four (4) years of ex-
perience in a community program providing direct services to persons
with mental disabilities, of which one (I) year must be in the position of
supervising direct care staff, and graduation from high school or posses-
sion of a GED may be substituted.
(g) The program director of a certified Transitional Residential Treat-
ment Program or a certified Long-Term Residential Treatment Program
shall have the following qualifications prior to employment.
(1) A Bachelor's Degree in Psychology, Social Work or any other ma-
jor which includes at least 24 semester college units in one or more of the
following subject areas:
(A) Psychology
(B) Social Work
(C) Sociology
(D) Behavioral Sciences
(E) Psychiatric Nursing; and
(2) One (1 ) year of full-time work experience in a community program
that serves clients who have a mental illness. Such experience must be
in the direct provision of services to clients, of which four (4) months
must be in a position of supervising direct care staff.
(3) As an alternative to the Bachelor's Degree and experience required
in paragraphs (I) and (2) of this subsection, a total of three years of expe-
rience in providing direct services in the community to persons with men-
tal illnesses, of which six (6) months must be in a position of supervising
direct care staff, and graduation from high school or possession of a GED
may be substituted.
(h) All direct care staff shall have graduated from high school or pos-
sess a GED and have a minimum of one (1) year of full-time experience,
or its part-time equivalent, working in a program serving persons with
mental disabilities. Such experience must be in the direct provision of
services to clients. If the employee does not have the required experience,
the program shall document a specific plan of supervision and in-service
training for the employee which will guarantee the ongoing qualification
of the employee to perform the job. The plan should include but not be
limited to the frequency and number of hours of training, the subjects to
be covered, and a description of the supervision to be provided.
(i) Program directors and all direct care staff of social rehabihtation
programs as of the date that this section is adopted shall be considered as
meeting all of the requirements of this section until two (2) years after the
effective date of this section, at which time the requirements of this sec-
tion shall be met in full.
(j) The program director must provide and document a specific plan
of supervision and at least 20 hours of in-service training per year for the
employee to ensure the ongoing qualifications of the individual to per-
form the job.
NOTE: Authority cited: Section 5458.1, Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and Institutions Code.
History
I. New section filed 1-3-91 ; operafive 2-2-91 (Register 91, No. 7).
§ 533. Administrative Policies and Procedures.
(a) The organizafional entity legally responsible for program adminis-
tration, under applicable law and regulation, shall:
(1) Have written policies defining the purpose, goals, and services of
the organization.
(2) Establish and maintain financial records in accordance with gener-
ally accepted accounting principles and an annual budget.
Register 95, No. 43; 10-27-95
§534
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(b) Each program shall be directed by a designated individual who is
responsible for its overall administration and management.
(c) Each residential program shall have an individual(s) designated as
the administrator of the facility. The program shall identify the qualifica-
tions, experience, skills, and knowledge required of an individual who is
designated the facility administrator. These requirements shall at least
satisfy the minimum requirements established by the Community Care
Licensing Division of the Department of Social Services for this position.
(d) The agency or program shall have a financial plan of operation that
is consistent with the goals and purpose of the organization and in accor-
dance with generally accepted accounting practices and legal require-
ments.
NOTE: Authority cited: Section 5458.1 , Welfare and institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and Institutions Code.
History
1. New section filed 1-3-91; operative 2-2-91 (Register 91. No. 7).
§ 534. Program Certification.
(a) AH Social Rehabilitation Programs, as defined in section 5458 of
the Welfare and Institutions Code, must be certified by the Department
of Mental Health, or its delegated agent, prior to being licensed by the De-
partment of Social Services.
(1) The Department of Mental Health shall provide written notice by
certified mail to an applicant, within 30 calendar days of the receipt of the
application for certification, that the application is complete and ac-
cepted for filing, or that the application is deficient and shall specify the
missing information required to complete the application.
(2) The Department of Mental Health shall approve or deny any appli-
cation for certification within 60 calendar days of receipt of a completed
application. The 60 days shall not begin unfil all information required for
cerUfication is received. The Department of Mental Health shall provide
written notice to the applicant by certified mail of its decision concerning
the request for certification.
(b) All certified programs are also governed by the provisions in Tide
22, division 6 General Licensing Requirement section 80000 - 80088.
(c) All Social Rehabilitation Programs, defined in section 5458 of the
Welfare and Institufions Code, must be recertified on an annual basis by
the Department of Mental Health, or its delegated agent, prior to being
issued a renewal license by the Department of Social Services.
(d) The Department of Mental Health, or its delegated agent, shall
have the responsibility of conducfing initial and annual site visits for the
purpose of certifying that programs are in compliance with the provisions
of this article.
(e) The Department of Mental Health, or its delegated agent, shall ini-
tiate an action to rescind the certification of a program whenever a deter-
mination is made that the program is not in compliance with the provi-
sions of this article.
(f) Actions iniUated to withhold cerdfication or to rescind certification
shall be subject to notice and review in accordance with section 535.
(g) The Department shall provide the Department of Social Services
any documents pertaining to certification, recertification or decerdfica-
don.
NOTE: Authority cited: Section 5458.1, Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and Institutions Code.
History
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
§ 535. Review Procedures.
(a) When the Department of Mental Health or its delegated agent with-
holds or rescinds the certificadon of a program, the program shall be giv-
en written nodce of the acdon by certified mail. The nodce shall be ac-
companied by a written statement setting forth the reasons and
justificadons for the acdon including any documents or informadon re-
lied upon.
(b) A program may request review of an action to withhold or rescind
cerdfication by sending a written request for review by certified mail to
the Deputy Director, Division of Community Programs, Department of
Mental Health, 1600 9th Street, Room 250, Sacramento, California
95814. A request for review must be postmarked no later than fifteen ( 15)
days after receipt of the nodfication required by subsecdon (a).
(c) A program requesting review in accordance with this secdon shall
be responsible for submitdng in writing all documents, informadon, and
arguments which the program wishes to be considered during the review.
The documents, informadon, and arguments which the program wishes
to be considered may be submitted with the request for review or sent sep-
arately by cerdfied mail, but shall be postmarked no later than thirty (30)
days after receipt of the nodce required in subsecdon (a).
(d) The Deputy Director, Division of Community Programs, Depart-
ment of Mental Health or a designee shall review the nodce and written
justification for the action required by subsection (a), the request for re-
view submitted by the program, and the documents, information and ar-
guments submitted by the program. If deemed necessary for completion
of the review, the Deputy Director, Division of Community Programs
may request clarificadon or additional informadon from the program.
(e) A proposed decision to either affirm or reverse the acdon to with-
hold or rescind the certification of the program shall be prepared and sub-
mitted to the Director of Mental Health.
(f) The Director of Mental Health may adopt the proposed decision as
written, order the proposed decision rewritten, or direct that additional
informadon be obtained.
(g) A proposed decision shall become final when adopted by the Di-
rector of Mental Health. Nodce of the decision and a copy of the decision
shall be sent to the program by cerdfied mail. A decision adopted by the
Director of Mental Health which affirms the acdon to withhold or rescind
the certificadon of the program shall become effective upon receipt by
the program.
NOTE: Authority cited: Section 5458. 1, Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and Institutions Code.
History
1 . New section filed 1-3-91 ; operative 2-2-91 (Register 91, No. 7).
§ 536. Waivers and Exceptions.
Note: Authority cited: Section 5458. 1, Welfare and Institutions Code. Reference:
Sections 5450, 5453, 5454 and 5458, Welfare and Institutions Code.
History
1 . New section filed 6-5-91 as an emergency; operative 6-5-91 (Register 91, No.
28). A Certificate of Compliance must be transmitted to OAL by 10-3-91 or
emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 92,
No. 39).
Article 4. Services Subject to State
Reimbursement
§ 540. Reimbursement Conditions.
Subject to the provisions of the Act and of these reguladons, state re-
imbursement will be made for expenditures for the services described in
this article.
NOTE: Authority cited: Sections 5705.1(a) and 5715, Welfare and Institutions
Code. Reference: Sections 5401, 5651, 5705, 5712, 5714, 5714.1 and 5715, Wel-
fare and Insfitutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
2. Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83,
No. 35). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 2-19-84.
3. Reinstatement of section as it existed prior to emergency amendment filed
8-23-83 by operation of Government Code Section 11346.1(f) (Register 84,
No. 15).
4. Amendment filed 2-27-84 as an emergency; effecfive upon filing (Register 84,
No. 15). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 8-27-84.
5. Editorial correction of HISTORY NOTE No. 4 (Register 84, No. 28).
6. Editorial correction of NOTE and HISTORY NOTE No. 4 (Register 84, No. 34).
7. Certificate of Compliance transmitted to OAL 8-14-84 and filed 9-28-84
(Register 84, No. 37).
Page 6
Register 95, No. 43; 10-27-95
Department of Mental Health
§542
§541. 24-Hour Services.
24-Hour Services mean services designed to provide a thierapeutic en-
vironment of care and treatment within a residential setting for adults and
minors. Depending on the severity of the disorder, dangerousness to self
or others, and the need for related medical care, treatment is provided
through one of the following service functions:
(a) State Hospital, which means a health facility as defined in Section
1250 of the Health and Safety Code which is operated by the Depart-
ments of Mental Health or Developmental Services, and which provides
treatment services for the mentally disordered.
(b) Local Hospital, which means an acute psychiatric hospital as de-
fined in Section 1250 of the Health and Safety Code, or a distinct acute
psychiatric part of a general hospital as defined in Section 1250 of the
Health and Safety Code which is approved by the Department of Health
Services to provide psychiatric services.
(c) Psychiatric Health Facility, which means a health facility as de-
fined in Section 1250.2 of the Health and Safety Code, or such facility
wliich has a waiver of licensure from the Department, which provides in-
tensive care.
(d) Intensive Skilled Nursing Facihty, which means a health facility
as defined in Section 1250 of the Health and Safety Code, and staffed to
provide intensive psychiatric care.
(e) Short-Term-Crisis Residential Service (Less than 14 Days), which
means a licensed residential community care facility available for admis-
sions 24-hours a day, 7 days a week, and staffed to provide crisis treat-
ment as an alternative to hospitalization. Admissions are generally lim-
ited to a stay of less than 14 days for voluntary patients without medical
complications requiring nursing care. Twenty-four hour capability for
prescribing and supervising medication must be available for patients re-
quiring this level of care. The prescribing capability shall be provided by
written agreement.
(f) Short-Term Crisis Residential Service (Less than 30 Days), which
means a licensed residential community care faciUty available for admis-
sions 24-hours a day, 7 days a week, and staffed to provide mental health
treatment services for voluntary patients without medical complications
requiring nursing care and who generally require an average stay of
14-30 days for crisis resolution or stabilization. Twenty-four hour capa-
bility for prescribing and supervising medication must be available. The
prescribing capability shall be provided by written agreement. Respite
care, in accordance with Welfare and Institutions Code, Chapter 5, up to
a maximum of 30 days, may be provided within this definition.
(g) Jail Inpatient Unit, which means a distinct unit within an adult or
juvenile detention facility, designated by a County Board of Supervisors
pursuant to SecUon 5404 of the Welfare and Institutions Code and staffed
to provide intensive psychiatric treatment of inmates. Treatment services
on the unit shall be under the control of the Local Mental Health Director.
(h) Transitional Residential On-Site Service, which means a licensed
residential community care facility, designed to provide a comprehen-
sive program of care consisting of a therapeutic residential community
plus an all-inclusive structured treatment and rehabilitation program for
individuals recovering from an acute stage of illness who are expected
to move towards a more independent living situation, or higher level of
functioning, within a 3-to-l 2-month period.
(i) Transitional Residential Off-Site Service, which means a licensed
residential community care facility, designed to provide, for a
3-t(>- 12-month period, a therapeutic residential community including a
range of social rehabilitation activities for individuals who are in remis-
sion from an acute stage of illness, and interim support to facihtate move-
ment towards the highest possible level of functioning. Individuals may
receive day, outpatient and other treatment services outside the transi-
tional residence.
(j) Long-Term Services, which mean services provided in a variety of
community facilities for individuals who require care, supervision, reso-
ciaUzation, rehabilitation, and life-enrichment for up to 3 years. Consis-
tent with individual level of care needs, services shall be provided in
skilled nursing facilities, intermediate care facilities, residential commu-
nity care facilities, or other similar facilities.
(k) Semi-Supervised Living Services, which mean services provided
for persons living alone or together in small cooperative housing units,
who require support in case of emergencies, as well as regular assessment
and evaluation of the problems of daily living. Services may include pro-
vision of a rent subsidy. This service provides a transition to independent
living or an indefinite arrangement.
(/) Independent Living Services, which mean services, including psy-
chological support and rent subsidy, if necessary, provided to persons
who require only minimal support to remain in the community.
NOTE: Authority cited: Section 5705. 1 , Welfare and Institutions Code. Reference:
Section 5600, Welfare and Institutions Code.
History
1. Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83,
No. 35). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 2-19-84.
2. Reinstatement of section as it existed prior to emergency amendment filed
8-23-83 by operation of Government Code Section 11346.1(f) (Register 84,
No. 15).
3. Amendment filed 2-27-84 as an emergency; effective upon filing (Register 84,
No. 15). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 8-27-84.
4. Editorial correction of HISTORY NOTE No. 3 (Register 84, No. 28).
5. Editorial correction of HISTORY NOTE No. 3 (Register 84, No. 34).
6. Certificate of Compliance including amendment transmitted to OAL 8-14-84
and filed 9-28-84 (Register 84, No. 39).
§ 542. Day Services.
Day Services mean services designed to provide alternatives to
24-hour care and supplement other modes of treatment and residential
services. These service functions are the following:
(a) Day Care Intensive Services, which mean services designed and
staffed to provide a multidisciplinary treatment program of less than 24
hours per day as an alternative to hospitalization for patients who need
active psychiatric treatment for acute mental, emotional, or behavioral
disorders and who are expected, after receiving these services, to be re-
ferred to a lower level of treatment, or maintain the ability to live inde-
pendentiy or in a supervised residential facility.
(b) Day Care Habilitative Services, which mean services designed and
staffed to provide counseling and rehabilitation to maintain or restore
personal independence at the best possible functional level for the patient
with chronic psychiatric impairments who may live independentiy, se-
mi-independentiy, or in a supervised residential facility which does not
provide this service.
(c) Vocational Services, which mean services designed to encourage
and facilitate individual motivation and focus upon realistic and obtain-
able vocational goals. To the extent possible, the intent is to maximize
individual client involvement in skill seeking and skill enhancement,
with the ultimate goal of meaningful productive work.
(d) Socialization Services, which mean services designed to provide
life-enrichment and social skill development for individuals who would
otherwise remain withdrawn and isolated. Activities should be gauged
for multiple age groups, be culturally relevant, and focus upon normal-
ization.
NOTE: Authority cited: Section 5705. 1 , Welfare and Institutions Code. Reference:
Section 5600, Welfare and Institutions Code.
History
1 . Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83,
No. 35). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 2-19-84.
2. Reinstatement of section as it existed prior to emergency amendment filed
8-23-83 by operation of Government Code Section 11346.1(0 (Register 84,
No. 15).
3. Amendment filed 2-27-84 as an emergency; effective upon filing (Register 84,
No. 15). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 8-27-84.
4. Editorial correction of HISTORY NOTE No. 3 (Register 84, No. 34).
5. Certificate of Compliance including amendment transmitted to OAL 8-14-84
and filed 9-28-84 (Register 84, No. 39).
Page 7
Register 95, No. 43; 10-27-95
§543
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
§ 543. Outpatient Services.
Outpatient Services mean services designed to provide short-term or
sustained therapeutic intervention for individuals experiencing acute or
ongoing psychiatric distress. These service functions are the following;
(a) Collateral Services, which mean sessions with significant persons
in the life of the patient, necessary to serve the mental health needs of the
patient.
(b) Assessment, which means services designed to provide formal
documented evaluation or analysis of the cause or nature of the patient's
mental, emotional, or behavioral disorder. Assessment services are lim-
ited to an intake examination, mental health evaluation, physical exami-
nation, and laboratory testing necessary for the evaluation and treatment
of the patient's mental health needs.
(c) Individual Therapy, which means services designed to provide a
goal directed therapeutic intervention with the patient which focuses on
the mental health needs of the patient.
(d) Group Therapy, which means services designed to provide a goal
directed, face-to-face therapeutic intervention with the patient and one
or more other patients who are treated at the same time, and which fo-
cuses on the mental health needs of the patients.
(e) Medication, which includes the prescribing, administration, or dis-
pensing of medications necessary to maintain individual psychiatric sta-
bility during the treatment process. This service shall include evaluation
of side effects and results of medication.
(f) Crisis Intervention, which means immediate therapeutic response
which must include a face-to-face contact with a patient exhibiting acute
psychiatric symptoms to alleviate problems which, if untreated, present
an imminent threat to the patient or others.
NOTE: Authority cited: Section 5705.1 , Welfare and Institutions Code. Reference:
Section 5600, Welfare and Institutions Code.
History
1 . Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83,
No. 35). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 2-19-84.
2. Reinstatement of section as it existed prior to emergency amendment filed
8-23-83 by operation of Government Code Section 11346.1(f) (Register 84,
No. 15).
3. Amendment filed 2-27-84 as an emergency; effective upon filing (Register 84,
No. 15). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 8-27-84.
4. Certificate of Compliance including amendment transmitted to OAL 8-14-84
and filed 9-28-84 (Register 84, No. 39).
5. Editorial correction of HISTORY NOTE No. 3 (Register 84, No. 28).
6. Certificate of Compliance including amendment transmitted to OAL 8-14-84
and filed 9-28-84 (Register 84, No. 39).
§ 544. Emergency Services.
History
1. Repealer filed 8-23-83 as an emergency; effecfive upon filing (Register 83, No.
35). A Certificate of Compliance must be transmitted to OAL within 180 days
or emergency language will be repealed on 2-19-84.
2. Reinstatement of section as it existed prior to emergency repealer filed 8-23-83
by operation of Government Code Section 1 1346.1(0 (Register 84, No. 15).
3. Repealer filed 2-27-84 as an emergency; effective upon filing (Register 84, No.
15). A Certificate of Compliance must be transmitted to OAL within 180 days
or emergency language will be repealed on 8-27-84.
4. Editorial correction of HISTORY NOTE No. 3 (Register 84, No. 28).
5. Editorial correction of HISTORY NOTE No. 3 (Register 84, No. 34).
6. Cerificate of Compliance transmitted to OAL 8-14-84 and filed 9-28-84 (Reg-
ister 84, No. 39).
§ 545. Outreach Services.
Outreach Services, which means a program of services delivered to the
community-at-large, special population groups, human services agen-
cies, and to individuals and families for whom there is no case record. The
purposes of these services are to: (1) enhance the mental health of the
general population, (2) prevent the onset of mental health problems in in-
dividuals and communities; and (3) assist those persons experiencing
stress who are not reached by traditional mental health treatment services
to obtain a more adaptive level of functioning. Outreach program ser-
vices are provided through the following service functions:
(a) Mental Health Promotion, which means activities and projects di-
rected toward:
(1 ) strengthening individuals' and communities' skills and abilities to
cope with stressful life situations before the onset of such events; and
(2) enhancing and expanding agencies' or organizations' mental
health knowledge and skills in relation to the community-at-large or
special population groups.
(b) Community Client Services, which means activities directed to-
ward:
(1) strengthening individuals' coping skills and abilities during a stres-
sful life situation; and
(2) enhancing or expanding knowledge and skills of human services
agency staff to handle the mental health problems of particular clients.
NOTE; Authority cited: Section 5705. 1 , Welfare and Insfitutions Code. Reference:
Section 5600, Welfare and Institutions Code.
History
1. Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83,
No. 35). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 2-19-84.
2. Reinstatement of section as it existed prior to emergency amendment filed
8-23-83 by operadon of Government Code Section 11346.1(f) (Register 84,
No. 15).
3. Amendment filed 2-27-84 as an emergency; effecfive upon filing (Register 84,
No. 15). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 8-27-84.
4. Editorial correction of HISTORY NOTE No. 3 (Register 84, No. 28).
5. Editorial con-ection of HISTORY NOTE No. 3 (Register 84, No. 34).
6. Certificate of Compliance including amendment transmitted to OAL 8-14-84
and filed 9-28-84 (Register 84, No. 39).
§ 546. Diagnostic Services.
History
1 . Repealer filed 8-23-83 as an emergency; effecfive upon filing (Register 83, No.
35). A Certificate of Compliance must be transmitted to OAL within 180 days
or emergency language will be repealed on 2-19-84.
2. Reinstatement of secfion as it existed prior to emergency repealer filed 8-23-83
by operafion of Government Code Section 11346.1(f) (Register 84, No. 15).
3. Repealer filed 2-27-84 as an emergency; effective upon filing (Register 84, No.
15). A Certificate of Compliance must be transmitted to OAL within 180 days
or emergency language will be repealed on 8-27-84.
4. Editorial conecfion of HISTORY NOTE No. 3 (Register 84, No. 28).
5. Editorial con-ection of HISTORY NOTE No. 3 (Register 84, No. 34).
6. Certificate of Compliance transmitted to OAL 8-14-84 and filed 9-28-84
(Register 84, No. 39).
§ 547. Rehabilitative Services.
History
1. Amendment filed 1-28-76; effecfive thirtieth day thereafter (Register 76, No.
5).
2. Repealer filed 8-23-83 as an emergency; effective upon filing (Register 83, No.
35). A Certificate of Compliance must be transmitted to OAL within 180 days
or emergency language will be repealed on 2-19-84.
3 . Reinstatement of section as it existed prior to emergency repealer filed 8-23-83
by operafion of Government Code Secfion 11346.1(f) (Register 84, No. 15).
4. Repealer filed 2-27-84 as an emergency; effective upon filing (Register 84, No.
15). A Certificate of Compliance must be transmitted to OAL within 180 days
or emergency language will be repealed on 8-27-84.
5. Editorial cortection of HISTORY NOTE No. 4 (Register 84, No. 28).
6. Editorial con:ection of HISTORY NOTE No. 4 (Register 84, No. 34).
7. Certificate of Compliance transmitted to OAL 8-14-84 and filed 9-28-84
(Register 84, No. 39).
§ 548. Continuing Care Services.
Continuing Care Services, which means services designed and staffed
to provide, directly or indirectly, the mental health and other commu-
nity-based assistance required to assure continuity of care and mainte-
nance for adults and minors whose mental or emotional disabilities pre-
clude independent functioning. These services are provided through the
following:
(a) Case Management, which means services designed and staffed to
provide continuity of care within the mental health system, to prevent ne-
PageS
Register 95, No. 43; 10-27-95
Department of Mental Health
§5^
gleet or exploitation of the mentally disabled, and to the extent possible,
to prevent rehospitalization. The intent is to identify individuals in need,
track and monitor progress and movement within the system, and to in-
tervene as needed, directly, or indirectly, to assure the availability and
adequacy of treatment services and necessary mental health social ser-
vices.
(b) Conservatorship, which means services designed for the financial
and personal protection of individuals deemed to be gravely disabled un-
der the provisions of the Act. Conservatorship services are:
(1) Conservatorship Investigation, which means services provided by
a designated investigator or agency to collect, assess, and document for
the court of jurisdiction the psychosocial and financial information nec-
essary to support or deny a finding of grave disability consistent with es-
tablished statutory criteria, evaluate the feasibiHty of available alterna-
tives to conservatorship, and make a recommendation to the court about
conservatorship status and continuing care needs.
(2) Conservatorship Administration, which means services provided
by a designated conservator to manage a conservatee's financial re-
sources and to assure the availability and adequacy of necessary treat-
ment services and mental health social services.
NOTE: Authority cited: Section 5705. 1 , Welfare and Institutions Code. Reference:
Section 5600, Welfare and Institutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
2. Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83,
No. 35). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 2-19-84.
3. Reinstatement of section as it existed prior to emergency amendment filed
8-23-83 by operation of Government Code Section 11346.1(f) (Register 84,
No. 15).
4. Amendment filed 2-27-84 as an emergency; effective upon filing (Register 84,
No. 15). A Certificate of Compliance must be transmitted to OAL within 1 80
days or emergency language will be repealed on 8-27-84.
5. Editorial correction of HISTORY NOTE No. 4 (Register 84, No. 28).
6. Editorial correction of HISTORY NOTE No. 4 (Register 84, No. 34).
7. Certificate of Compliance including amendment transmitted to OAL 8-14-84
and filed 9-28-84 (Register 84, No. 39).
§ 549. Suppflementai ResidentiaS Care Services.
Supplemental Residential Care Services mean services designed to
augment basic living and care services for mentally disordered adults in
licensed community care facilities, as defined in Section 1502 of the
Health and Safety Code. These supplemental services include, but are not
limited to, supportive, supervisory, and rehabilitative services, as identi-
fied in the client's service plan, and are provided in addition to the basic
care and supervision required for licensure as a community care facihty.
Supplemental services are intended to facilitate the movement of clients
to less restrictive levels of care.
(a) Facilities eligible to be certified for payment for supplemental ser-
vices from county mental health programs shall be licensed community
care facilities authorized by the State Department of Social Services to
provide care and supervision to mentally disordered adults. Such facili-
ties shall be certified for participation by the county, and services shall
be provided through written agreement. These faciUties shall agree to:
(1) Cooperate with county staff in developing a facility program plan
to meet the goals, objectives, and activities outiined in the client's service
plan subsequent to referral and authorization by the county. The service
plan shall be developed with the client and the facility administrator by
the county's designated case manager.
(2) Participate in the county's training activities.
(3) Obtain a minimum of 20 hours of training per year for supervisory
staff in relevant mental health programming, certified by a recognized
residential care association, or approved by the county.
(4) Maintain individual cHent records in accordance with county re-
quirements.
(5) Allow access to the facility, to the extent authorized by law, by
county and state staff for client assessment, monitoring, record review,
and consultation.
(6) Maintain the capability to meet the specialized needs of mentally
disordered adults, as identified by the county and in the facility's pro-
gram plan.
(7) Participate in the county's management information system.
(b) Supplemental services shall consist of, but not be limited to, some
but not necessarily all of the following components, as specified in the
client's service plan:
(1) Providing or arranging transportation to meet the client's mental
health needs and for participation in planned programs.
(2) Encouraging the client to take increasing responsibility for the cli-
ent's own treatment by supporting self-established goals and the use of
support and treatment system.
(3) Encouraging the client's use of public transportation, use of leisure
time in a constructive manner, and maintenance of adequate grooming.
(4) Assisting the client to learn social relationship skills, such as com-
munication with others and the appropriate expression of feelings.
(5) Participating with county staff in meetings in the facility.
(6) Assisting the client in developing skills of budgeting, personal
shopping, monetary transactions, menu plamiing, and shopping for,and
the preparation of, basic meals.
(7) Assisting the client in becoming responsible for self-medication,
as prescribed by the treating physician.
(8) Providing close supervision of, and intensive interactions with, cli-
ents who require the management of difficult behavioral problems, con-
sistent with the client's service plan.
The services described in paragraphs (1) and (5) of this subdivision
shall constitute supplemental services only if performed in conjunction
with one or more services described in paragraphs (2), (3), (4), (6), (7)
and (8).
(c) Clients who receive supplemental services shall be assessed and
monitored by the county's designated case management staff initially,
and at least every 90 days thereafter, utilizing a standardized assessment
procedure established by the Department. This procedure shall be used
to assist in the determination of the functional ability and programmatic
needs of mentally disordered clients, and the appropriate placement in fa-
cilities providing supplemental services.
(d) Each county shall apply for these funds within the county's Short-
Doyle Plan in accordance with Section 565 1 of the Welfare and Institu-
tions Code, or within proposals for negotiated net amount contracts in ac-
cordance with Section 5705.2(c) of the Welfare and Institutions Code. In
applying for these funds within the Short-Doyle Plan or within proposals
for negotiated net amount contracts, the county shall describe a client
monitoring system which is integrated with case management services.
The county shall also evaluate and certify facilities annually in accor-
dance with the criteria identified in Subsections (a) and (b).
(e) Rates of payment for supplemental services to clients shall be es-
tablished in accordance with Section 4075 of the Welfare and Institutions
Code. The total amount of reimbursement to a county for providing
supplemental services shall be limited to the amount allocated to the
county for such services in each fiscal year. Payment for supplemental
services shall only be made after facility certification and client asses-
sment by the county.
(f) Reimbursement rates shall be fixed by the Department in accor-
dance with Section 4075 of the Welfare and Institutions Code, and shall
not be subject to cost adjustment. Facilities providing supplemental ser-
vices shall submit budgetary data and claims for reimbursement, and re-
port service and cost data to the county in the manner and form prescribed
by the county. The county shall provide the Department with service
units and related cost data as required for fixed (negotiated) rate services.
(g) The county may claim reimbursement for costs incurred in the ad-
ministration of these services, subject to the Department's approval, uti-
Uzing existing claiming procedures.
NOTE: Authority cited: Provisions 15 and 16, Item 4440-101-001 , Budget Act of
1985 (Chapter 1 1 1 of the Statutes of 1985); and Section 4075, Welfare and Institu-
Page9
Register 95, No. 43; 10-27-95
§550
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
tions Code. Reference: Sections 4076, 4077, 5600, 5675, 5676 and 5677, Welfare
and Institutions Code; and Section 1502, Health and Safety Code.
History
1 . Renumbering of fonner Section 549 to Section 550 and new Section 549 filed
1 0-1 -85 as an emergency; effective upon filing (Register 85, No. 40). A Certifi-
cate of Compliance must be transmitted to OAL within 180 days or emergency
language will be repealed on 3-31-86.
2. Certificate of Compliance including amendment of subsection (d) transmitted
to OAL 3-31-86 and filed 4-30-86 (Register 86, No. 1 8).
§ 550. Training.
Training services shall mean:
(a) Staff development programs for employees which are designed to
improve existing skills, knowledge and attitudes or to provide new skills,
knowledge and attitudes, to increase the employee's effectiveness or to
develop potential for more responsible positions.
(b) Preservice education programs designed to provide the categories
of treatment, professionals, and other mental health personnel needed to
staff programs.
(c) Post-graduate professional education programs designed to pro-
vide the categories of personnel in professional sub-specialties needed
to staff programs in Local Mental Health Services.
NOTE; Authority cited: Sections 5712 and 5751, Welfare and Insfitufions Code.
Reference: Sections 5601(g), 5651(c) and 5751, Welfare and Institutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
2. Renumbering of former Section 550 to Section 551, and renumbering of former
Section 549 to Section 550 filed 10-1-85 as an emergency; effective upon filing
(Register 85, No. 40). A Certificate of Compliance must be transmitted to OAL
within 180 days or emergency language will be repealed on 3-31-86.
3. Certificate of Compliance transmitted to OAL 3-31-86 and filed 4-30-86
(Register 86, No. 18).
§ 551. Research and Evaluation.
(a) Research services shall mean:
(1) Basic research is directed toward the increase of knowledge to un-
derstand the particular subject under study. Its purpose is to expand exist-
ing knowledge about the nature, cause, prevention, and treatment of
mental, emotional or behavioral disorders, including mental retardation
and alcoholism, for the purpose of improving the ability of professional
personnel to predict and control these disorders and to maximize human
effectiveness.
(2) Clinical Research is concerned with identification, implementa-
tion, development and evaluation of therapeutic techniques and agents.
These are studies directed toward the effectiveness of the treatment pro-
gram and the development of new methods of diagnosis, treatment and
rehabilitation. The acquisition of normative and base rate data is an es-
sential aspect of clinical research.
(3) Program Research is concerned with identification, development,
and evaluation of consultative, educational or community organizational
techniques in mental health services.
(4) Socio-cultural Research is concerned with investigating the rela-
tionship between mental, emotional or behavioral disorders, including
mental retardation and alcoholism, and the cultural and personal impact
of community disorganization, social change and socio-cultural depri-
vation. This includes the relationship between various social and cultural
factors and post-hospital adjustment and demographic and epidemiolog-
ical investigation.
(b) Evaluation services shall mean:
(1) Studies of the effectiveness and efficiency of specific programs in
Local Mental Health Services in achieving the goals of the program and
the process by which such efforts are organized. Such management anal-
ysis will include studies of the relative cost and effectiveness of services
and the efficient use of manpower, facilities and equipment.
(2) Studies of the effectiveness or state of progress of the local commu-
nity in achieving overall mental health goals or the process by which such
goals are defined or pursued.
History
1. Amendment filed 5-1 1-70; effective thirtieth day thereafter (Register 70, No.
20).
2. Renumbering of former Section 55 1 to Secfion 552, and renumbering of former
Section 550 to Section 551 filed 10-1 -85 as an emergency; effecfive upon filing
(Register 85, No. 40). A Certificate of Compliance must be transmitted to OAL
within 80 days or emergency language will be repealed on 3-31-86.
3. Certificate of Compliance transmitted to OAL 3-31-86 and filed 4-30-86
(Register 86, No. 1 8).
§ 552. Equipment Expense.
(a) The following definitions of equipment shall apply:
(1 ) Equipment shall mean moveable personal property of a relatively
permanent nature and of significant value, such as furniture, machines,
tools and vehicles.
(A) "Relatively permanent" is defined as a useful life of one year or
longer.
(B) "Significant value" is defined as a minimum value of $100 to
$1,000 as established by the County Auditor.
(b) All plans for equipment expenditures shall be submitted as part of
the annual county plan.
NOTE: Authority cited: Section 5750, Welfare and Institutions Code. Reference:
Sections 5651 and 5715, Welfare and Insfitutions Code.
History
1 . Repealer and new section filed 8-1 8-78; effective thirtieth day thereafter (Reg-
ister 78, No. 33).
2. Renumbering of former section 552 to section 553, and renumbering of former
section 551 to section 552 filed 1 0-1-85 as an emergency; effective upon filing
(Register 85, No. 40). A Certificate of Compliance must be transmitted to OAL
within 180 days or emergency language will be repealed on 3-31-86.
3. Certificate of Compliance transmitted to OAL 3-31-86 and filed 4-30-86
(Register 86, No. 18).
4. Change without regulatory effect (Register 88, No. 3).
5. Amendment of subsection (a), repealer of subsections (b), (c), (d), (e) and (g)
and renumbering of subsection (f) to subsecfion (b) filed 4-11-91; operative
5-11-91 (Register 91, No. 17).
§ 553. Remodeling Expense.
Remodeling shall include only the changing or improving of existing
structures. Remodeling expense shall be determined by local option and
by the State of California's financial participation subject to approval by
the state Department of Mental Health. All plans for remodeling shall be
submitted as part of the annual county plan.
NOTE: Authority cited: Section 5750, Welfare and Institutions Code. Reference:
Sections 5671 and 5715, Welfare and Institufions Code.
History
1. Renumbering of former Section 552 to Section 553 filed 10-1-85 as an emer-
gency; effecfive upon filing (Register 85, No. 40). A Certificate of Compliance
must be transmitted to OAL within 1 80 days or emergency language will be re-
pealed on 3-31-86. For history of former Section 553, see Registers 83, No. 3;
73, No. 28; and 73, No. 11.
2. Certificate of Compliance transmitted to OAL 3-31-86 and filed 4-30-86
(Register 86, No. 18).
3. Change without regulatory effect (Register 88 No. 3).
4. Editorial correcfion of first sentence (Register 95, No. 43).
§ 554. 72-Hour Detoxification Treatment and Evaluation
Service.
History
1. New section filed 3-16-73 as an emergency; effective upon filing (Register 73,
No. 11).
2. Certificate of Compliance filed 7-12-73 (Register 73, No. 28).
3. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
Article 5. Lionitations on Reimbursements
§ 560. Inpatient Service.
Reimbursement for inpatient service shall be limited to reimburse-
ment for those services set forth in Section 541 , including the prescribing
or furnishing of necessary drugs, together with such general medical and
surgical procedures as are necessary in the treatment of the psychiatric
condition, but excluding other medical treatment or other surgery.
Page 10
Register 95, No. 43; 10-27-95
Title 9
Department of Mental Health
§5?
•
•
§ 561 . Other Mental HeaSth Services.
Reimbursement for mental health services (other than inpatient ser-
vice) shall be Umited to reimbursement for those services set foi-th in Ar-
ticle 4, including the prescribing or furnishing of necessary dmgs but ex-
cluding other medical care or treatment not necessary to evaluation of
psychiatric disorders.
NOTE: Authority cited: Section 5712, Welfare and Institutions Code. Reference:
Sections 5401, 5703, 5704, 5712 and 5715, Welfare and Institutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
§ 562. Non-State-Reimbursable Charges.
History
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
§ 563, Reimbursement for Services.
History
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
§ 565.5. Funding.
Short-Doyle funding for acute inpatient psychiatric services shall be
used only when the following sources of reimbursement are unavailable
or have been exhausted:
(a) Patient payment in accordance with Welfare and Institutions Code
Section 5718;
(b) Private third party payors; and,
(c) Other governmental third party payors.
NOTE: Authority cited: Section 4073, Welfare and Institutions Code. Reference:
Sections 5705, 5713 and 5718, Welfare and Institutions Code.
History
1 . New section filed 2-24-83 as an emergency; effective upon filing (Register 83,
No. 9). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 8-23-83.
2. Editorial correction of HISTORY Note No. 1 (Register 83, No. 34).
3. Emergency language repealed by operation of Government Code Section
11346.1(g) (Register 83, No. 35).
4. New section filed 8-24-83 as an emergency; effecfive upon filing (Register 83,
No. 35). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 2-20-84.
5. Certificate of Compliance transmitted to OAL 1-31-84 and filed 3-2-84 (Reg-
ister 84, No. 9).
6. Order of Repeal filed 3-2-84 by OAL pursuant to Government Code Section
11349.6 (Register 84, No. 9).
7. New section filed 3-14-84 as an emergency; effective upon filing (Register 84,
No. 13). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-12-84.
8. New section refiled 4-27-84; effective upon filing pursuant to Government
Code Section 1 1346.2(d) (Register 84, No. 18).
Artiole 5.5o yaximum Allowable Rates
§ 570. Application of Article.
The maximum allowable rates established in accordance with the pro-
visions of this Article shall apply to all mental health treatment services
provided in accordance with the approved county Short-Doyle plans, ex-
cept when exempted by statute, unless the Director of the State Depart-
ment of Mental Health approves either a waiver of the maximum allow-
able rates, pursuant to subdivision (c) of Section 5705.1, Welfare and
Institutions Code, or a negotiated net amount or rate, pursuant to Section
5705.2, Welfare and Institutions Code.
NOTE; Authority cited: Sections 5705.1 and 5750, Welfare and Institutions Code.
Reference: Sections 5600, 5705.1 and 5705.2, Welfare and Institutions Code.
History
1. New Article 5.5 (Sections 570-574) filed 10-1-82 as an emergency; effecfive
upon filing (Register 82, No. 40). A Certificate of Compliance must be trans-
mitted to OAL within 180 days or emergency language will be repealed on
3-30-83.
2. Editorial correction of HISTORY NOTE No. 1 (Register 83, No. 18).
3. Certificate of Compliance including amendments transmitted to OAL 3-23-83
and filed 4-27-83 (Register 83, No. 18).
§571. Reimbursement.
Reimbursement for services specified in the approved county plans
shall be the lower of either the individual provider's actual cost or the
maximum allowable rates established in accordance with the provisions
of this Article. However, the total reimbursement to a county for any one
fiscal year pursuant to this provision shall not exceed the final county
Short-Doyle allocation for that fiscal year.
NOTE: Authority cited: Sections 5705.1 and 5750, Welfare and Institutions Code.
Reference: Section 5600, Welfare and Institutions Code.
§ 572. Maximum Allowable Rate Determination and
Publication.
NOTE: Authority cited: Sections 5705, 1 and 5750, Welfare and Institutions Code.
Reference: Section 5600, Welfare and Institutions Code.
History
1. Certificate of Compliance including amendment of subsection (a) transmitted
to OAL 3-23-83 and filed 4-27-83 (Subsections (b) and (c) were withdrawn
on 4-25-83) (Register 83, No. 18).
2. New subsections (b) and (c) refiled 4-25-83 as an emergency; effective upon
filing (Register 83, No. 18). A Certificate of Compliance must be transmitted
to OAL within I80daysoremergency language will be repealed on 10-22-83.
3. Amendment of subsection (b) and repealer of subsection (c) filed 8-23-83 as
an emergency; effective upon filing (Register 83, No. 35). A Certificate of Com-
pliance must be transmitted to OAL within 1 80 days or emergency language
will be repealed on 2-19-84.
4. Reinstatement of section as it existed prior to emergency amendment filed
8-23-83 by operafion of Government Code Section 11346.1(0 (Register 84,
No. 15).
5. Amendment of subsection (b) and repealer of subsection (c) filed 2-27-84 as
an emergency; effecfive upon filing (Register 84, No. 1 5). A Certificate of Com-
pliance must be transmitted to OAL within 1 80 days or emergency language
will be repealed on 8-27-84.
6. Editorial correcfion of HISTORY NOTE No. 5 (Register 84, No. 28).
7. Editorial correction of HISTORY NOTE No. 5 (Register 84, No. 34).
8. Certificate of Comphance transmitted to OAL 8-14-84 and filed 9-28-84
(Register 84, No. 39).
9. Change without regulatory effect repealing Section 572 (Register 88, No.3).
§ 573. Monitoring Compliance.
Compliance with the maximum allowable rates shall be monitored
through the budget, cost report, and audit processes. Local Directors shall
ensure that individual providers rates are within the established maxi-
mum allowable rates for the various service functions. If the county's
year-end cost report indicates that a provider's rate is in excess of the es-
tablished maximum allowable rate and no waiver or statutory exemption
applies, the state's final payment to the county (cost report settlement)
shall be based on the maximum allowable rate, as established in accor-
dance with the provisions of this Article.
NOTE: Authority cited: Secfions 5705.1 and 5750, Welfare and Insfitutions Code.
Reference: Secfions 5600, 5705.1 and 5705.2, Welfare and Insfitutions Code.
§ 574. County Augmentation.
Nothing in the provisions of this Article shall prohibit a county from
using county general funds, other than those required for the county
match mandated by the Short-Doyle Act, to augment or offset any
amount by which an individual provider exceeds the maximum allow-
able rates.
NOTE: Authority cited: Secfions 5705.1 and 5750, Welfare and Insfitutions Code.
Reference: Section 5600, Welfare and Institutions Code.
Article 6. Utilization Review of Short-DoySe
Funded Acute Inpatient Psychiatric Services
§ 590. Review Process.
Counties shall comply with the Department's Quality Assurance Stan-
dards and Guidelines section titled Utilization Review of Short-Doyl^
Funded Acute Inpatient Psychiatric Services — Requirements and Proce-
dures (March 1, 1984). Review of patient admission and continued stay
necessity shall be performed concurrently with hospitalization. Admis-
sion and continued stay reviews for acutely ill patients shall determine
the existence and continuance of the necessity for acute inpatient psy-
chiatric treatment. Continued stay reviews shall be performed at least as
Page 10.1
Register 95, No. 43; 10-27-95
§591
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
often as indicated by the length of stay intervals specified in the Depart-
ment's Requirements and Procedures. Admission and continued stay re-
views for non-acutely ill patients shall determine the existence and con-
tinuance of special administrative circumstances as categorized in
Section 591. Continued stay reviews shall be performed at five (5) work-
ing day intervals and must include review of the continuing efforts being
made to resolve the administrative circumstances preventing discharge.
At each continued stay review, Short-Doyle funded inpatients shall be
re-evaluated for eligibility for other funding as required by Section
565.5.
All patients admitted to and provided services within Short-Doyle
funded acute inpatient psychiatric facilities shall be included in the utili-
zation review process pursuant to this Article.
NOTE: Authority cited: Section 4073, Welfare and Institutions Code. Reference:
Sections 4070 and 5624, Welfare and Institutions Code.
History
1 . New Article 6 (Sections 590-594) filed 2-24-83 as an emergency; effective
upon filing (Register 83, No. 9). A Certificate of Compliance must be trans-
mitted to OAL within 180 days or emergency laneuage will be repealed on
8-23-83.
2. Editorial correction of HISTORY NOTE No. 1 (Register 83, No. 35).
3. Article 6 (Sections 590-594) repealed by operation of Government Code Sec-
tion 11346.1(g) (Register 83, No. 35).
4. New Article 6 (Sections 590-594) filed 8-24-83 as an emergency; effective
upon filing (Register 83, No. 35). A Certificate of Compliance must be trans-
mitted to OAL within 180 days or emergency language will be repealed on
2-20-84.
5. Certificate of Compliance as to 8-24-83 order transmitted to OAL 1-3 1-84 and
filed 3-2-84 (Register 84, No. 9).
6. Order of Repeal as to Sections 590, 591 and 592 only filed 3-2-84 by OAL pur-
suant to Government Code Section 1 1349.6 (Register 84, No. 9).
7. New section filed 3-14-84 as an emergency; effecfive upon filing (Register 84,
No. 13). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-12-84.
8. New section refiled 4-27-84; effective upon filing pursuant to Government
Code Secfion 11346.2(d) (Register 84, No. 18).
§ 591 . Administrative Days.
All patients served in acute inpatient psychiatric facilities and funded
by Short-Doyle must have a diagnosable mental disorder. If, however,
symptoms do not meet the admission or continued stay criteria specified
in the Department' s Requirements and Procedures, the following catego-
ries of special circumstances warrant Short-Doyle funded acute inpa-
tient psychiatric care:
(a) The patient is hospitalized due to the action of an authority over
whom the local mental health director has no direct control and without
the concurrence of whom the patient cannot be discharged;
(b) Alternative community care is not immediately available due to
(1) temporary lack of placement funds, or
(2) temporary lack of a therapeutically appropriate facility.
For patients in the above situations, continued stay reviews shall be
conducted at five (5) working day intervals. Discharge shall occur at the
earliest opportunity following resolution of the above circumstances.
NOTE; Authority cited: Section 4073, Welfare and Institutions Code. Reference:
Sections 4070, 4071 , 4072 and 5624, Welfare and Insfitutions Code.
History
1 . New section filed 3-14-84 as an emergency; effective upon filing (Register 84,
No. 13). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-12-84. For history of former
section, see Register 84, No. 9.
2. New section refiled 4-27-84; effective upon filing pursuant to Government
Code Secfion 11346.2(d) (Register 84, No. 18).
§ 592. Documentation and Reporting.
Utilization review activities shall be documented, including review of
administrative days, in accordance with the Department's Requirements
' and Procedures. In accordance with the Requirements and Procedures,
special circumstances justifying administrative days must be docu-
mented, aggregated and reported quarterly to the local mental health di-
rector. These reports shall address the following factors of utilization:
(a) number of inpatients who do not meet the test of medical necessity;
(b) number of patient-days so used; and
(c) reasons other than medical necessity that inpatient care is required.
Documentation of administrative days must reflect continuing efforts to
resolve the circumstances preventing discharge.
NOTE: Authority cited: Section 4073, Welfare and Insfitutions Code. Reference:
Sections 4070 and 5624, Welfare and Institutions Code.
History
1 . New section filed 3-14-84 as an emergency; effective upon filing (Register 84,
No. 13). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-1 2-84. For history of former
section, see Register 84, No. 9.
2. New secfion refiled 4-27-84; effective upon filing pursuant to Government
Code Secfion 11346.2(d) (Register 84, No. 18).
§ 593. Compliance.
Counties shall amend existing utilization review plans to include these
requirements. Counties shall be responsible for complying with these
regulations ninety (90) days from the effective date of this Article.
NOTE: Authority cited: Section 4073, Welfare and Institutions Code. Reference:
Sections 4071 and 5624, Welfare and Institufions Code.
§ 594. Enforcement.
The Department shall enforce utilization review by counties of Short-
Doyle funded acute inpatient psychiatric services through the following
means:
(a) Review and approval/disapproval of the utilization review plans;
(b) Onsite visits to evaluate required systems, audit clinical and ad-
ministrative documentation, and request corrective action;
(c) Sanctions for non-compliance which can include any or all of the
following:
(1) Wihholding future allocations until compliance is achieved;
(2) Requiring increased resources to be charmeled into quality assur-
ance activities from existing allocations;
(3) Recouping inappropriately used Short-Doyle funds from current
allocations.
Counties shall be allowed the opportunity to appeal both clinical and
administrative audit decisions and financial penalties.
NOTE: Authority cited: Secfion 4073, Welfare and Institutions Code. Reference:
Secfions 4071, 4072, 5655 and 5712, Welfare and Institufions Code.
Article 7. Claims for Reimbursement
§ 600. Forms and Information.
History
I. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
§601. Approval of Reimbursements.
Reimbursement for any fiscal year shall be limited to the amount fixed
by the Director of Mental Hygiene when the plan is approved, unless ad-
ditional expenditure is authorized after filing of a supplementary applica-
tion. Expenditures incurred in support of new activities prior to approval
of a plan by the Director of Mental Hygiene or for costs or expenditures
not included in the approved plan may not be subject to reimbursement.
Actual and necessary expenses incurred by members of the California
Conference of Local Mental Health Directors at meetings called to im-
plement the Act and for attendance at meetings, pursuant to Section 5760
of the Act, prior to approval of local plans, shall be subject to reimburse-
ment in accordance with the Act. Actual and necessary expenses incurred
by members of the local mental health advisory boards in the perform-
ance of official duties, pursuant to Section 5715 of the Act, shall be sub-
ject to reimbursement in accordance with the Act.
Page 10.2
Register 95, No. 43; 10-27-95
Department of Mental Health
§625
•
Article 8= Professional and Technical
Personnel Standards
§ 620. Director of Loca! Mental Health Services.
Where the Local Mental Health Director is other than the local health
officer or medical administrator of the county hospital, he or she shall be
one of the following:
(a) A physician and surgeon licensed in the State of California show-
ing evidence of having completed the required course of graduate psy-
chiatric education as defined in Section 623 to be supplemented by an ad-
ditional period of two years of training or practice hmited to the field of
psychiatry, one year of which shall have been administrative experience.
(b) A psychologist who shall be hcensed in the State of California and
shall possess a doctorate degree in psychology from an institution of
higher education. In addition, the psychologist shall have had at least
three years of acceptable clinical psychology experience, two years of
which shall be adininistrative experience.
(c) A clinical social worker who shall possess a master's degree in so-
cial work or higher and shall be a licensed clinical social worker under
provisions of the California Business and Professions Code, and shall
have had at least five years mental health experience, two years of which
shall have been administrative experience.
(d) A marriage, family, and child counselor who shall have a master's
degree in an approved behavioral science course of study, and who shall
be a licensed marriage, family, and child counselor and have received
specific instruction, or its equivalent, as required for licensure on January
1 , 1 981. In addition, the marriage, family, and child counselor shall have
had at least five years of mental health experience, two years of which
shall have been administrative experience. The term, specific instruction,
contained in Sections 5751 and 5751.3 of the Welfare and Institutions
Code, shall not be limited to school, college, or university classroom in-
struction, but may include equivalent demonstrated experience in asses-
sment, diagnosis, prognosis, and counseling, and psychotherapeutic
treatment of premarital, marriage, family, and child relationship dys-
functions.
(e) A nurse who shall possess a master's degree in psychiatric or public
health nursing and shall be licensed as a registered nurse by the Board of
Registered Nursing in the State of California, and shall have had at least
five years mental health experience, two of which shall have been admin-
istrative experience. Additional post-baccalaureate experience in a men-
tal health setting may be substituted on a year-for-year basis for the edu-
cational requirements.
(f) An administrator who shall have a master's degree in hospital ad-
ministration, public health administration, or public administration from
an accredited college or university, and who shall have at least three years
experience in hospital or health care administration, two of which shall
have been in the mental health field. Additional qualifying experience
may be substituted for the required education on a year-for-year basis
with the approval of the Department of Mental Health.
NOTE: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code.
Reference: Sections 5607, 5751, 5751.1 and 5751.3, Welfare and Institutions
Code.
History
1. Amendment filed 1-12-73; effective thirtieth day thereafter (Register 73, No.
2).
2. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
3. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 1 1).
§ 620.1. Acting Director of Local Mental Health Services.
If a county is unable to secure the services of a person who meets the
standards set forth in Section 620, the county may select an Acting Direc-
tor of Local Mentai Health Services with appointment limited to a
12-month period subject to the approval of the Director of the state De-
partment of Mental Health.
NOTE; Authority cited: Section 5751, Welfare and Institutions Code. Reference:
Sections 5751 and 5751.1, Welfare and Institutions Code.
History
1. Amendment filed 5-1 1-70; effective thirtieth day thereafter (Register 70, No.
20).
2. Amendment filed 1-12-73; effective thirtieth day thereafter (Register 73. No.
2).
3. Change without regulatory effect (Register 88, No. 3).
§ 621. Medical Program Responsibility.
If the Local Director does not meet the qualifications of Section 620
(a), the local mental health service shall provide a psychiatrist licensed
to practice medicine in this State as defined in Section 623 who shall have
the medical responsibility as defined in Section 522.
History
1. Amendment filed 1-12-73; effective thirtieth day thereafter (Register 73, No.
2).
2. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
§ 622. Requirements for ProfessionaS Personnel.
Wherever in these regulations the employment of a particular profes-
sional person is required, the minimum qualifications for that person
shall be as hereinafter specified in this Article. Required experience shall
mean full time equivalent experience. It is intended that these minimum
qualifications shall apply to the head or chief of a particular service or
professional discipline but not necessarily to subordinate employees of
the same profession.
NOTE: Authority cited: Section 5751, Welfare and Insfitutions Code. Reference:
Section 5751, Welfare and Institutions Code.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Change without regulatory effect (Register 88, No. 3).
3. Change without regulatory effect reinstating text as amended in Register 76, No.
5 filed 10-27-88 (Register 88, No. 45).
4. Editorial correction of History 1 (Register 95, No. 43).
§ 623. Psychiatrist.
A psychiatrist who directs a service shall have a license as a physician
and surgeon in this state and show evidence of having completed the re-
quired course of graduate psychiatric education as specified by the
American Board of Psychiatry and Neurology in a program of training
accredited by the Accreditation Council for Graduate Medical Educa-
tion, the American Medical Association or the American Osteopathic
Association.
Note-. Authority cited: Sections 5600.5 and 5751, Welfare and Institufions Code.
Reference: Sections 5751 and 5751.1, Welfare and Institutions Code.
History
1. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
§ 624. Psychologist.
A psychologist who directs a service shall have obtained a California
license as a psychologist granted by the State Board of Medical Quality
Assurance or obtain such licensure within two years following the com-
mencement of employment, unless continuously employed in the same
class in the same program or facility as of January 1, 1979; and shall have
two years of post doctoral experience in a mental health setting.
NOTE: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code.
Reference: Sections 5600.2, 5751 and 5751.3, Welfare and Institutions Code.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Amendment filed 1 1-28-88; operative 12-28-88 (Register 89, No. 1 1).
§ 625. Social Worker.
A social worker who directs a service shall have a California license
as a clinical social worker granted by the State Board of Behavioral Sci-
ence Examiners or obtain such licensure within three years following the
commencement of employment, unless continuously employed in the
same class in the same program or facility as of January 1, 1979, or en-
rolled in an accredited doctoral program in social work, social welfare,
Page 10.3
Register 95, No. 43; 10-27-95
§626
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
or social science; and shall have two years of post master's experience
in a mental health setting.
NOTE: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code.
Reference: Sections 5600.2, 5751 and 5751 .3, Welfaie and Institutions Code.
History
1 . Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Amendment filed 1 1-28-88; operative 12-28-88 (Register 89, No. 1 1).
§ 626. Marriage, Family and Child Counselor.
A inarriage, family, and child counselor who directs a service shall
have obtained a California license as a marriage, family, and child coun-
selor granted by the State Board of Behavioral Science Examiners and
have received specific instruction, or its equivalent, as required for licen-
sure on January 1,1981, and shall have two years of post master' s experi-
ence in a mental health setting. The term, specific instruction, contained
in Sections 5751 and 5751.3 of the Welfare and Institutions Code, shall
not be limited to school, college, or university classroom instruction, but
may include equivalent demonstrated experience in assessment, diagno-
sis, prognosis, and counseling, and psychotherapeutic treatment of pre-
marital, marriage, family, and child relationship dysfunctions.
NOTE: Authority cited: Sections 5600.5 and 5751 , Welfare and Institutions Code.
Reference: Sections 5751 and 5751.3, Welfare and Institutions Code.
History
1. New section filed 11-28-88; operative 12-28-88 (Register 89, No. 11). For
prior history, see Register 88, No. 45.
§ 627. Nurses.
A nurse shall be licensed to practice as a registered nurse by the Board
of Nursing Education and Nurse Registration in this State and possess a
master's degree in psychiatric or public health nursing, and two years of
nursing experience in a mental health setting. Additional post baccalau-
reate nursing experience in a mental health setting may be substituted on
a year-for-year basis for the educational requirement.
History
1 . Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Change without regulatory effect renumbering former Section 627 to Section
628, and renumbering former Section 626 to Section 627 filed 10-27-88 (Reg-
ister 88, No. 45).
§ 628. Licensed Vocational Nurse.
A licensed vocational nurse shall have a license to practice vocational
nursing by the Board of Vocational Nurse and Psychiatric Technician
[The next page is 11.]
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Page 10.4
Register 95, No. 43; 10-27-95
Tfltle 9
Department of Mental Health
Examiners and possess six years of post license experience in a mental
health setting. Up to four years of college or university education may be
substituted for the required vocational nursing experience on a year-for-
year basis.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5). For prior history, see Register 71, No. 40.
2. Change without regulatory effect renumbering former Section 628 to Section
629, and renumbering former Section 627 to Section 628 filed 10-27-88 (Reg-
ister 88, No. 45).
3. Editorial correction of HISTORY (Register 89, No. 3).
§ 629. Psychiatric Technician.
A psychiatric technician shall have a current license to practice as a
psychiatric technician by the Board of Vocational Nurse and Psychiatric
Technician Examiners and six years of post license experience in a men-
tal health setting. Up to four years of college or university education may
be substituted for the required psychiatric technician experience on a
year-for-year basis.
NOTE: Authority cited: Sections 401 1 and 5750, Welfare and Institutions Code.
Reference: Sections 5600 and 5767, Welfare and Institutions Code.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5). For history of former Section 628, see Register 71, No. 40.
2. Change without regulatory effect renumbering former Section 629 to Section
630, and renumbermg former Section 628 to Section 629 filed 10-27-88 (Reg-
ister 88, No. 45).
3. Editorial correction of HISTORY (Register 89, No. 3).
§ 630. Mental HeaSth Rehabilitation Specialist.
A mental health rehabilitation specialist shall be an individual who has
a baccalaureate degree and four years of experience in a mental health
setting as a specialist in the fields of physical restoration, social adjust-
ment, or vocational adjustment. Up to two years of graduate professional
education may be substituted for the experience requirement on a year-
for-year basis; up to two years of post associate arts clinical experience
may be substituted for the required educational experience in addition to
the requirement of four years' experience in a mental health setting.
History
1. Change without regulatory effect renumbering former Section630 to Section
631, and renumbering former Section 629 to Section 630 filed 10-27-88 (Reg-
ister 88, No. 45). For prior history, see Register 76, No. 5.
2. Editorial correction replacing text of Section 630 inadvertently omitted during
production of Register 88, No. 45 (Register 89, No. 3).
§ 631. Administrative Support Responsibility.
Any local mental health service which serves a population in excess
of 100,000 shall have at least one administrative person who does not
have clinical program responsibility and who shall be responsible for all
administrative and supportive services as defined in Section 5751.2 of
the Welfare and Institutions Code.
After March 1, 1976 new personnel employed into these positions
shall have three years of experience with increasing responsibility per-
forming health administration or staff administrative services such as ac-
counting, auditing, budgeting, administrative analysis, or personnel and
have a minimum education equivalent to graduation with a baccalaureate
degree from an accredited college or university. Additional qualifying
experience may be substituted for the required education on a year-for-
year basis.
NOTE: Authority cited: Sections 5751 and 5751.2, Welfare and Institutions Code.
Reference: Sections 5751 and 5751.2, Welfare and Institutions Code.
History
1. Change without regulatory effect renumbering former Section 631 to Section
632, and renumbering former Section 630 to Section 631 filed 10-27-88 (Reg-
ister 88, No. 45). For prior history, see Register 88, No. 3.
2. Editorial correction of HISTORY (Register 89, No. 3).
3. Amendment filed 1 1-28-88; operative 12-28-88 (Register 89, No. 1 1).
§ 632. Other Mental Health Personnel.
The definitions of professional, administrative, and technical person-
nel listed above shall not be construed as limiting the establishment of
positions in other categories. If, after persistent recruitment, persons with
qualifications specified above cannot be obtained, the Department may
permit exceptions to the requirements upon receiving a written request
describing the recruitment efforts. Such exceptions to the personnel re-
quirements shall be limited to a 12-month period subject to annual re-
newal by the Department.
NOTE: Authority cited: Section 5751, Welfare and Institutions Code. Reference:
Sections 5751 and 5751.1, Welfare and Institutions Code.
History
1. Change without regulatory effect renumbering former Section 631 to Section
632 filed 1 0-27-88l;Register 88, No. 45). For history of former Section 63 1 , see
Registers 88, No. 3 and 76, No. 5.
2. Editorial correction of HISTORY (Register 89, No. 3).
Article 9. Accoynting and Records
§ 640. Financial Records.
Records shall be kept so that they cleariy reflect the cost of each type
of service for which reimbursement is claimed. Where apportionment of
costs is necessary, such as for inpatient psychiatric service in a general
hospital, such apportionment shall be made according to accepted ac-
counting principles in order to reflect the true cost of the services ren-
dered.
§ 641. Patient Records.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Govemment Code Section
11349.7; effecrive thirtieth day thereafter (Register 85, No. 26).
§ 642. Statistical Data.
Statistical data shall be kept and reports made as required by the de-
partment. Reports shall be made on forms provided by the department.
Article 10.
Requirements for inpatient
Services
§660.
Admission Procedures.
History
1. Repealer filed 1-13-83; effective upon fiUng pursuant to Govemment Code
Section 11346.2(d) (Register 83, No. 3).
§ 661. Medical-Surgical Services.
History
1. Repealer filed 1-13-83; effective upon filing pursuant to Govemment Code
Section 1 1346.2(d) (Register 83, No. 3).
§ 662. Discharges and Transfers.
History
1. Repealer filed 1-13-83; effective upon filing pursuant to Govemment Code
Section 11346.2(d) (Register 83, No. 3).
§ 663. Minimum Staff.
Inpatient services shall be under an administrative director who quali-
fies under Secfion 620(d), 623, 624, 625, or 627. In addition to the direc-
tor of the service, the minimum professional staff shall include a psychia-
trist if the administrative director of the service is not a psychiatrist, who
shall assume medical responsibility as defined in Section 522; a psychol-
ogist, social worker, registered nurse, and other nursing personnel under
supervision of a registered nurse. Nursing personnel shall be present at
all times. Physicians, psychiatrists, registered nurses and other mental
health personnel shall be present or available at all dmes. Psychologists
and social workers may be present on a time-limited basis.
Rehabilitation therapy, such as occupational therapy, should be avail-
able to the patients.
Page 11
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§680
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Tntle 9
The minimum ratio of the full-time professional personnel to resident
patients shall be as follows:
Ratio per
Personnel 100 Patients
Physicians 5
Psychologists 2
Social Workers 2
Registered Nurses 20
Other Mental Health Personnel _25
Total 54
NOTE: Authority cited: Sections 401 1 and 5730, Welfare and Institutions Code.
Reference: Sees. 3600 and 3767, W. & I. Code, Additional authority cited: Sec-
tions 3630, 3703.1, 3731, Welfare and Institutions Code. Additional references:
Sections 3650, 5703.1, 5751, 5751.1, 5751.2, Welfare and Institutions Code.
History
1. Amendment filed 10-1-71; effective thirtieth day thereafter (Register 71, No.
40).
2. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
3. Change without regulatory effect coirecting internal cites filed 10-27-88 (Reg-
ister 88, No. 43).
Article 11.
Requirements for Outpatient
Services
§ 680. Basic Requirements.
Outpatient services in Local Mental Health Services shall include:
(a) Minimum Professional Staff. Outpatient services shall be under the
direction of a person who qualifies under Section 623, 624, 625, 626,
627, 628, 629 or 630. In addition to the director, the minimum profession-
al staff shall include a psychiatrist, psychologist, and social worker, ex-
cept that under special circumstances the Department may authorize the
operation of an outpatient service with less personnel. In addition, the
staff may include qualified registered nurses and other professional disci-
plines.
A psychiatrist must assume medical responsibility as defined in Sec-
tion 522, and be present at least half-time during which the services are
provided except that under special circumstance the Department may
modify this requirement.
In developmental disabilities and substance abuse programs a physi-
cian other than a psychiatrist may be substituted when this would be more
appropriate to the treatment needs of the patient upon approval of the De-
partment.
(b) Availability of Service. Outpatient services shall be reasonably
available and accessible.
(c) Care and Staffing. A program of outpatient services should provide
for continuity of care and flexibility of staffing to meet the needs of the
individual patients.
(d) Integration of Staff Services. The services of the various profes-
sional disciplines shall be integrated through regular staff meetings and
other conferences for joint planning and evaluation of treatment.
NOTE: Authority cited: Sections 5600.3 and 5751 , Welfare and Institutions Code.
Reference: Sections 5600.5, 5704, 5712, 5751 and 5751.3, Welfaie and Institu-
tions Code.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Change without regulatory effect correcting internal cites filed 10-27-88 (Reg-
ister 88, No. 45).
3. Amendment of subsection (a) filed 11-28-88; operative 12-28-88 (Register
89, No. 11).
Article 12. Requirements for Partial
Hospitalization Services
§ 690. Minimum Professional Staff.
Partial hospitalization service shall be under the direction of a person
who qualifies under Section 623, 624, 625, 626, 627, 628, 629 or 630. In
addition to the director the minimum professional staff shall include per-
sonnel necessary to achieve program objectives, such as psychiatrists,
psychologists, social workers, nurses, educators, occupational thera-
pists, mental health rehabilitation therapists, recreational therapists, psy-
chiatric technicians, psychiatric aides, and other such personnel deemed
necessary. Participation by different disciphnes may vary according to
program design and objectives.
NOTE: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code.
Reference: Sections 5600.5, 5704, 5712, 5751 and 5751.3, Welfare and Institu-
tions Code.
History
1 . Amendment filed 1-28-76: effective thirtieth day thereafter (Register 76, No.
5).
2. Change v^'ithout regulatory effect correcting internal cites filed 10-27-88 (Reg-
ister 88, No. 45). "
3. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
§ 691. Medical Responsibility.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
Article 13.
Requirements for Emergency
Services
§ 700. Basic Requirement.
The emergency service shall be readily available and accessible 24
hours a day, seven days a week.
Article 14. Purposes, Processes and
Requirements of Consultation, Education
and Information Services
§ 710. Purpose of Consultation Services.
The purpose of consultation services with professionals and commu-
nity agencies shall be to expand to their potential for:
(a) The promotion of mental health.
(b) The prevention of emotional disorders.
(c) The identification and resolution of mental health problems.
(d) The development and sustenance of the effectiveness of social sys-
tems.
NOTE: Authority cited: Sections 4012. 5651 and 5751, Welfare and Insfitutions
Code. Reference: Sections 4012, 5453, 5601 , 5651 , 3661 .5 and 375 1, Welfare and
Institutions Code.
History
1. Editorial cortection adding NOTE filed 10-26-82 (Register 82, No. 44).
§ 71 1 . Process of Consultation Services.
The process for providing consultation services may include:
(a) Interaction with an agency or professional person in planning for
collaboratively evaluating the client.
(b) Assistance to agencies in focusing their service functions and inter-
nal relationships.
(c) Involvement with other community agencies, groups, and individ-
uals in planning, developing, integrating, coordinating, and evaluating a
broad range of community services.
NOTE: Authority cited: Sections 4012. 5651 and 3731, Welfare and Institutions
Code. Reference: Sections 4012, 5453, 5601, 5651, 5661.5 and 575 1, Welfare and
Institutions Code.
History
1. Editorial conection adding NOTE filed 10-26-82 (Register 82, No. 44).
§ 712. Purpose of Education Services.
The purpose of education services shall be:
(a) To motivate such individuals and groups to accept responsibility
for personal and community mental health.
(b) To develop attitudes and practices facilitating positive interperson-
al relationships.
Page 12
(4-1-90)
Department of Mental Health
§ 713. Process of Education Services.
The process of education services may be characterized by:
(a) The systematic structuring of experiences which will result in
learning about mental health concepts.
(b) Involving as participants those individuals and groups, who, by
reason of their functional role in the community, have a significant poten-
tial for affecting the mental health of others.
(c) A high degree of interpersonal interacting between participants of
seminars, workshops, classes, and discussion groups to facilitate change.
(d) A major focusing on general aspects of a subject rather than on so-
lutions of specific case problems.
(e) Assisting professionals in developing mental health knowledge
and skills in the detection of emotional disorders and management of
problems appropriate to their work.
§ 714. Purpose of informatoon Services.
The purpose of information services is to inform the general public as
to:
(a) Basic facts of mental health and emotional disorders.
(b) Mental health needs of the community.
(c) Existing community services and their utilization.
NOTE: Authority cited: Sections 4012, 5651 and 5751, Welfare and Institutions
Code. Reference: Sections 4012, 5601, 5651, 5651.7, 5661.5 and 5751, Welfare
and Institutions Code.
History
1. Editorial conection adding NOTE filed 10-26-82 (Register 82, No. 44).
§ 715. Process of information Services.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 716. Direction and Supervision.
Consultation, education, and information services shall be provided
by mental health personnel under the general direction of a person who
qualifies under Sections 623, 624, 625, 626, or 627.
NOTE: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code.
Reference: Sections 5600.5, 5704, 5712, 5751 and 5751.3, Welfare and Institu-
tions Code.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Change without regulatory effect correcting internal cites filed 10-27-88 (Reg-
ister 88, No. 45).
3. Amendment filed 1 1-28-88; operative 12-28-88 (Register 89, No. 11).
Reqoiremeots for Diagnostic
Services
§ 730. Basic Requirements.
Where diagnostic services are reimbursable as a separate service un-
der this subchapter, this service may include diagnosis, evaluation, refer-
ral, pre-petition screening and conservatorship recommendations.
NOTE: Authority cited: Sections 5600.5, 5712 and 5751, Welfare and Institutions
Code. Reference: Sections 5150, 51 51, 5008(a), (d), (0, 5152, 5202, 5352, 5352.5,
5458(a) and 5651(b), Welfare and Institutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
(b) Medical Responsibility. For rehabilitative services provided, a
physician shall assume responsibility for all those acts of diagnosis, treat-
ment, or prescribing or ordering of drugs which may only be performed
by a licensed physician as authorized by Section 205 1 of the Business and
Professions Code.
NOTE: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code.
Reference: Sections 5453(c), 5600, 5651(f) and 5705.5, Welfare and Institutions
Code.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Change without regulatory effect correcting internal cites filed 1 0-27-88 (Reg-
ister 88, No. 45).
3. Amendment filed 1 1-28-88; operative 12-28-88 (Register 89, No. 11).
§741. Treatment Plan for Patients.
A diagnosis taken from the Diagnostic and Statistical Manual of Men-
tal Disorders is required for all patients served in rehabilitative services.
At its inception, part of the treatment plan of each patient shall include
an assessment of is potential for rehabilitation and the place of rehabilita-
tive services in his total program. This plan should be reviewed and modi-
fied according to the patient's progress.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
§ 742. Minimum Staff.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 17» Requirements for Precare and
Aftercare Services
§ 750. Referral to Provide Continuity of Care.
History
1 . Repealer of Article 1 7 (Section 750) filed 1-13-83; effective thirtieth day there-
after (Register 83, No. 3).
Article 18. Requirements for Training
Services
§ 760. Reimbursement for Training Services.
Training services in the Local Mental Health Service may be reim-
bursable as a separate service under this subchapter.
When the Training service is included in one of the other services in
this subchapter as a reimbursable item it may include administrative
costs, stipends and scholarships.
NOTE: Authority cited: Section 5751, Welfare and Institutions Code. Reference:
Section 5761, Welfare and Institutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
§761. IVIinimum Staff.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 16=
Requirements for Rehabilitative
Services
Article 19.
Requirements for Research ar
Evaluation Services
§ 740. Psychiatric Direction and Supervision.
(a) Direction and Supervision. Rehabilitative services provided by a
loca) menta) heahh service or by contract shall be under the general direc-
tion of a person who qualifies under Section 623, 624, 625, 626, 627, 628,
629 or 630.
§ 770. Standards for Research Personnel
History
1. Amendment filed 5-1 1-70; effective thirtieth day thereafter (Register 70, No.
20).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Secfion
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Page 13
(4-1-90)
§771
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
§ 771 . Contracting for Services.
The Local Mental Health Service may contract for Research and Eval-
uation studies through public and private agencies, including the Depart-
ment of Mental Hygiene. Personnel providing Research or Evaluation
services by contract should have quahfications equal to similar personnel
providing a direct Research or Evaluation service to the Local Mental
Health Service.
§ 772. Method of Program Evaluation.
History
1 . Amendment filed 5-1 1-70; effective thirtieth day thereafter (Register 70, No.
20).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
§ 773. Local Mental Health Service Research Committee.
NOTE: Authority cited for Sections 773 through 780: Sections 5400 and 5750,
Welfare and Institutions Code. Reference: Sections 5000 through 5767, Welfare
and Institutions Code.
History
1. New Sections 773 through 780 filed 5-11 -70; effecfive thirtieth day thereafter
(Register 70, No. 20).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1 349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 774. Research Funds.
Local Mental Health Services may apply directly to the grantor for
non-state research funds, singly or collectively. When Local Mental
Health Services apply with a facility of the Department for non-depart-
mental research grant support, these grants shall come under the general
administration of the Department of Mental Hygiene and require the ap-
proval of the Local Director before submission to the grantor. The appli-
cation for the grant must include all direct and indirect costs of the pro-
posed research, unless a specific exception to this requirement is
authorized by the Department of Mental Hygiene.
History
1. New section filed 5-1 1-70; effecfive thirtieth day thereafter (Register 70, No.
20).
§ 775. Local Research Trust Fund.
History
1 . New section filed 5-1 1-70; effecfive thirtieth day thereafter (Register 70, No.
20).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1 349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 776. Application Review.
History
1. New section filed 5-1 1-70; effecfive thirtieth day thereafter (Resister 70, No.
20).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 777. Scientific Merit of Research Study.
The Local Director in charge of the local mental health service in
which a research study is to be conducted in order to insure the scientific
merit and relevance of the research shall obtain a written description of
the proposed research study and determine the competence and integrity
of the researchers prior to the commencement of a research study.
History
1 . New section filed 5-1 1-70; effecfive thirtieth day thereafter (Register 70, No.
20).
§ 778: Personal Safety and Welfare of Research Subjects.
The local mental health service shall develop uniform policies, proce-
dures, and forms prior to undertaking any research, to provide for the per-
sonal safety and welfare of all subjects involved in research conducted
at any of the facilities under its jurisdiction. The participation of subjects
in research shall be on the basis of informed consent. Satisfactory evi-
dence Of compliance with these procedures will be a necessary condition
for Department of Mental Hygiene research support or reimbursement.
To meet this condition, the loCal mental health service may comply with
the department's policies and procedures pertaining to research subjects.
These safeguards concerning human rights and welfare shall apply to all
research at the facility.
History
1. New secfion filed 5-11-70; effecfive thirtieth day thereafter (Register 70, No.
20).
§ 779. Confidential Nature of Information and Records.
All personal data and information obtained from medical records in
the course of research studies shall be confidential and may be disclosed
only to qualified professional persons providing services to the patient
or to other research personnel engaged in the study. No information ob-
tained in the course of research may be released through publication or
other research communication unless the person studied is unidenufi-
able.
History
1. New secfion filed 5-11-70; effective thirtieth day thereafter (Register 70, No.
20).
§ 780. Requirement of Oath of Confidentiality.
In order to perform research in facilities all researchers shall sign an
oath of confidentiality, as follows:
Date
As a condition of doing research concerning persons who have re-
ceived services from (fill in the facility, agency or per-
son), L , agree not to divulge any information obtained in
the course of such research to unauthorized persons, and not to publish
or otherwise make public any information regarding persons who have
received services such that the person who received services is identifi-
able.
I recognize that unauthorized release of confidential information may
make me subject to a civil action under provisions of the Welfare and In-
stitutions Code.
Signed
History
1 . New secfion filed 5-1 1-70; effecfive thirtieth day thereafter (Register 70, No.
20).
Article 20. Requirements for 72-Hour
Detoxification, Treatment and Evaluation
Service for Inebriates
NOTE: Authority cited: Section 5400, Welfare and Institutions Code. Reference:
Secfions 5170-5176, Welfare and Insfitufions Code.
History
1. New Article 20 (Sections 781 through 788) filed 3-16-73 as an emergency; ef-
fecfive upon filing (Register 73, No. 11).
2. Certificate of Compliance filed 7-12-73 (Register 73, No. 28).
3. Repealer of Article 20 (Secfions 781-788) filed 4-29-82; effecfive thirtieth day
thereafter (Register 82, No. 18). For prior history, see Register 76, No. 41.
Article 21.
Intensive Treatment for Chronic
Alcoholics
NOTE: Authority cited: Section 5400, Welfare and Institufions Code. Reference:
Secfions 5170-5176, Welfare and Insfitufions Code.
History
1. New Article 21 (Secfion 790) filed 3-16-73 as an emergency; effective upon
filing (Register 73, No. 11).
2. Certificate of Compliance filed 7-12-73 (Register 73, No. 28).
3. Amendment filed 7-13-73; effecfive thirtieth day thereafter (Register 73, No.
28).
4. Repealer of Article 2 1 (Secfion 790) filed 4-9-82; effecfive thirtieth day there-
after (Register 82, No. 15).
Page 14
(4-1-90)
Title 9
Department of Mental Health
§ 782.11
Article 22= Requirements for Social and
Rehabilitation] Services
History
1. New Anicle 22 (Section 795) filed 3-16-73 as an emergency; effective upon
filing (Register 73, No. 11).
2. Certificate of Compliance filed 7-12-73 (Register 73, No. 28).
3. RepealerofArticle 22 (Section 795) filed 1-13-83; effecfive thirtieth day there-
after (Register 83, No. 3).
lentai Health Rehabilitation
Centers
cie1. Application
§ 781 .00. Application of Chapter.
This chapter shall apply to programs authorized by Welfare and Insti-
tutions Code Section 5768, hereinafter denoted as mental health rehabili-
tation centers.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insntutions Code.
History
1 . New subchapter 3.5, article 1 and section filed 8-21-95 as an emergency; opera-
tive 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be trans-
mitted to OAL by 2-17-95 or emergency language will be repealed by opera-
tion of law on the following day.
2. Change without regulatory effect renumbering former chapter 3 .5 (sections 781
through 795) to chapter 7 (sections 1101 through 1115, respectively) filed
8-31-95 pursuant to section 100, title 1, California Code of Regulations (Reeis-
ter 95, No. 34).
3. New subchapter 3.5, article 1 and section refiled 2-9-96 as an emergency; op-
erative 2-9-96 (Register 96, No. 6). A Certificate of Compliance must be trans-
mitted to OAL by 6-8-96 or emergency language will be repealed by operation
of law on the following day.
4. New subchapter 3.5, article 1 and section refiled 6-10-96 as an etnergency; op-
eradve 6-10-96 (Register 96, No. 24). A Certificate of Compliance must be
transmitted to OAL by 10-8-96 or emergency language will be repealed by op-
eration of law on the following day.
5. New subchapter 3.5, article 1 and section refiled 10-8-96 as an emergency; op-
erative 10-8-96 (Register 96, No. 41). A Certificate of Compliance must be
transmitted to OAL by 2-5-97 or emergency language will be repealed by oper-
ation of law on the following day.
6. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97 ; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
7. New subchapter 3.5, article 1 and section filed 3-21-97 as an emergency; opera-
tive 3-21-97 (Register 97, No. 12). A Certificate of Compliance must be trans-
mitted to OAL by 7-21-97 or emergency language will be repealed by opera-
tion of law on the following day.
8. Certificate of Compliance as to 3-21-97 order, including redesignation of sub-
chapter 3.5 to chapter 3.5 and amendment of section heading and section, trans-
mitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
icie 2. Definitions
§ 782.00. Application of Definitions.
The definitions included in this article shall apply to the regulations
contained in this chapter.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New article 2 and section filed 8-21-95 as an emergency; operative 8-21-95
(Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL
by 2-17-95 or emergency language will be repealed by operation of law on the
following day.
2. Editorial correction of History 1 (Register 96, No. 6).
3. New article 2 and section refiled 2-9-96 as an emergency; operative 2-9-96
(Register 96, No. 6). A Certificate of Compliance must be transmitted to OAL
by 6-8-96 or emergency language will be repealed by operation of law on the
following day.
4. New article 2 and section refiled 6-10-96 as an emergency; operative 6-10-96
(Register 96, No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-8-96 or emergency language will be repealed by operation of law on the
following day.
5. New article 2 and secfion refiled 10-8-96 as an emergency; operative 10-8-96
(Register 96, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-5-97 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
7. New article 2 and section filed 3-21-97 as an emergency; operative 3-21-97
(Register 97, No. 1 2). A Certificate of Compliance must be transmitted to OAL
by 7-21-97 or emergency language will be repealed by operation of law on the
following day.
8. Certificate of Compliance as to 3-21-97 order, including amendment of section,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 782.1 0. Meaning of Words.
Words shall have their usual meaning unless the context or a definition
clearly Indicates a different meaning. Words used in the present tense in-
clude the future; words in the singular number include the plural number;
words in the plural number include the singular number. Shall means
mandatory. May means permissive. Should means suggested and recom-
mended.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transinitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secdon refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. Editorial correction of History 1 (Register 96, No. 41).
5. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operadon of law on the following
day.
6. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
7. New secdon filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operadon of law on the following
day.
8. Certificate of Compliance as to 3-21-97 order transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 782.1 1 . Activity Coordinator.
Activity Coordinator means a person who is an occupational therapist,
music therapist, art therapist, dance therapist or recreation therapist, as
defined in this chapter.
NOTE: Authority cited: Secdons 5675 and 5768, Welfare and Institutions Code;
Secdon 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insdtudons Code.
History
1. New secdon filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
2. New secdon refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operadon of law on the following day.
3. New secdon refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
Page 15
Register 97, No. 34; 8-22-97
§ 782.12
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, includingrepealer of former sec-
tion 782.1 1, renumbering of former section 782.12 to new section 782.1 1, and
amendment of section heading and section, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§782.12. Alteration.
Alteration means any constaiction work other than maintenance in an
existing building which does not increase the floor area or roof area or
the volume of enclosed space.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1 994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Comphance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language wiU be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.12 to new section 782. 11, and renumbering of former section
782.13 to new secfion 782.12, transmitted to OAL 7-2 1-97 and filed 8-21-97
(Register 97, No. 34).
§782.13. Art Therapist.
Art therapist means a person who is registered or eligible for registra-
tion as an art therapist with the American Art Therapy Association.
NOTE: Authority cited: Sections 5675 and 5768, Welfai-e and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Comphance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day. [
1. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.13 to new section 782.12, and renumberine of former section
782.14 to new section 782.13, transmitted to OAL 7-21-97"and filed 8-21-97
(Register 97, No. 34).
§782.14. Client.
Client means a person, 18 years of age or older, admitted to a mental
health rehabilitation center for evaluation, observation, diagnosis, reha-
bilitation and treatment.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Insfitufions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 782.14 to new secfion 782.13, and renumbering and amendment of
former section 782.15 to new section 782.14, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§782.15. Client Record.
Client record means a record that organizes all information on the care,
treatment and rehabilitation rendered to a client in a mental health reha-
bilitation center.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Insritutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Insfitufions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 782.15 to new secfion 782.14, and renumbering of former secfion
782.16 to new section 782.15, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§782.16. Conservator.
Conservator means a person appointed by a court pursuant to Section
5350 et seq. of the Welfare and Institutions Code.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Institufions Code.
Page 16
Register 97, No. 34; 8-22-97
Department of Mental Health
§ 782J
•
^i^
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transinitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 782.16 to new section 782.15, and renumbering of former secfion
782.17 to new section 782.16, transmitted to OAL 7-21-97^and filed 8-21-97
(Register 97, No. 34).
§ 782.17. Controlled Drugs.
Controlled dings means those drugs covered under the Federal Com-
prehensive Drug Abuse Prevention Control Act of 1970, as amended, or
the California Uniform Controlled Substances Act.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5 . Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97 ; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.17 to new section 782.16, and renumbering of former section
782.18 to new section 782.17, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.1 8. Dance Therapist.
Dance therapist means a person who is registered or eligible for regis-
tration as a dance therapist by the American Dance Therapy Association.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by ^8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6- 1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.18 to new section 782.17, and renumbering of former section
782.19 to new section 782.18, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§782.19. Department.
Department means the State Department of Mental Health (see Sec-
tion 4000 et seq. of the Welfare and Institutions Code).
Note: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6^8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be ti-ansmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.19 to new section 782.18, and renumbering of former section
782.20 to new section 782.19, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.20. Dietitian.
Dietitian means a person who is registered or eligible for registration
as a dietitian by the American Dietetic Association.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by ^8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
Page 17
Register 97, No. 34; 8-22-97
§ 782.21
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.20 to new section 782.19, and renumbering of former section
782.21 to new section 782.20, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§782.21. Director.
Director means the Director of the State Department of Mental Health.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secdon 782.21 to new section 782.20, and renumbering of former section
782.22 to new secuon 782.21, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.22. Drug.
(a) Dnjg means the following:
(1) Articles intended for use in the diagnosis, cure, mitigation, treat-
ment or prevention of disease in man or other animals.
(2) Articles (other than food) intended to affect the structure or any
function of the body of man or other animals.
(3) Articles intended for use as a component of any article designated
in subdivision (1) and (2) of this section.
(b) Legend drug means any of the following:
(1) Any drug labeled with the statement "Caution: Federal Law pro-
hibits dispensing without prescription" or words of similar import.
(2) Any dangerous drug under Section 4022 of the Business and Pro-
fessions Code.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operarive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.22 to new section 782.21 , and renumbering and amendment of
former secfion 782.23 to new section 782.22, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 782.23. Drug Administration.
Drug administration means the act in which a single dose of a pre-
scribed drug or biological is given to a client. The complete act of admin-
istration entails removing an individual dose from a container (including
a unit dose container), verifying the dose with the prescriber's orders,
giving the individual dose to the client and promptly recording the tiine
and dose given.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operadve 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.23 to new section 782.22, and renumbering of former secfion
782.24 to new section 782.23, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.24. Drug Dispensing.
Drug dispensing means the act entailing the following of a prescription
order for a drug or biological and the proper selection, measuring, pack-
aging, labeling and issuance of the drug or biological to a client.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operadve 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transnutted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operadve 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.24 to new secdon 782.23, and renumbering of former section
782.25 to new section 782.24, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
•
Page IS
Register 97, No. 34; 8-22-97
Title 9
Department of Mental Health
§ 782,29
•
•
§ 782.25. Mentall Health Rehabilitation Center Director.
Mental health rehabilitation center director means the licensee, or the
adult designated by the licensee to act in his/her behalf in the overall ad-
ministration or management of the mental health rehabilitation center.
NOTE: Authority cited: Sections 5675 and 5768, Welfaie and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.25 to new section 782.24, and renumbering of former section
782.26 to new secfion 782.25 with amendment of section heading and repealer
and new section, transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97,
No. 34).
§ 782.26. Licensed Mental Health Professional.
Licensed mental health professional means any of the following:
(a) A licensed psychologist as defined in these regulations.
(b) A physician as defined in these regulations.
(c) A licensed clinical social worker as defined in these regulations.
(d) A licensed marriage, family and child counselor as defined in these
regulations.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41 ). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.26 to new section 782.25, and new section 782.26, transmitted
to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 782.27. Licensed Nursing Staff.
Licensed nursing staff means a licensed registered nurse, licensed vo-
cational nurse or a licensed psychiatric technician as defined in this chap-
ter, and employed by a mental health rehabilitation center to perform
functions within their scope of practice.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transinitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New secUon refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operafive 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21 -97 order, including repealer of former sec-
fion 782.27 and renumbering and amendment of former section 782.28 to new
section 782.27, transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97,
No. 34).
§ 782.28. Licensed Psychiatric Technician.
Licensed psychiatric technician means a person licensed as a psychiat-
ric technician by the California Board of Vocafional Nurse and Psychiat-
ric Technician Examiners.
NOTE: Authoiity cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New secfion refiled 1 0-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Comphance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.28 to new secfion 782.27, and renumbering of former section
782.29 to new section 782.28, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.29. Licensed Vocational Nurse.
Licensed vocational nurse means a person licensed as a licensed voca-
tional nurse by the California Board of Vocational Nurse and Psychiatric
Technician Examiners.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
Page 19
Register 97, No. 34; 8-22-97
§ 782.30
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 4J). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted lo OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secUon filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 782.29 to new section 782.28, and renumbering of former secfion
782.30 to new section 782.29, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.30. Licensee.
Licensee means the person, persons, firm, partnership, association, or-
ganization, company, corporation, business trust, political subdivision of
the state, or other governmental agency to whom a license has been is-
sued.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insutufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transnoitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-10-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.30 to new section 782.29, and renumbering of former section
782.31 to new secfion 782.30, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.31 . Local Bank.
Local bank means a bank or branch of that bank which is in the same
neighborhood, community, city or county in which the mental health re-
habilitation center is physically located.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of CompUance must be transmitted to OAL by 10-8-96
or ertiergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as lo 3-21-97 order, including renumbering of for-
mer section 782.31 to new section 782.30, and renumbering and amendment of
former section 782.32 to new secfion 782.31, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34),
§ 782.32. Marriage, Family and Child Counselor.
Marriage, Family and Child Counselor means a person licensed as a
marriage, family and child counselor by the California Board of Behav-
ioral Science Examiners, or persons granted a waiver pursuant to Section
5751.2 of the Welfare and Institutions Code.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference; Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41 ). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.32 to new section 782.31, and renumbering of former section
782.33 to new secfion 782.32, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.33. Medication.
For the purposes of this chapter, "medication shall mean the same as
drug as defined in Section 782.22.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Comphance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5 . Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97 ; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
•
Page 20
Register 97, No. 34; 8-22-97
Department of Mental Health
§ 782.37
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering and
amendment of former section 782.33 to new section 782.32, and reriumbering
and amendment of former section 782.34 to new section 782.33, transmitted to
OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 782.34. yenta! Health Rehabilitation Center.
Mental health rehabilitation center means a 24-hour program, li-
censed by the Department, which provides intensive support and rehabil-
itation services designed to assist persons, 1 8 years or older, with mental
disorders who would have been placed in a state hospital or another men-
tal health facility to develop the skills to become self-sufficient and capa-
ble of increasing levels of independent functioning.
Note. Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97 ; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renuriibering of for-
mer section 782.34 to new section 782.33, and renumbering and amendment of
former secfion 782.35 to new section 782.34, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 782.35. Mental Health Rehabilitation Specialist.
Mental Health Rehabilitation Specialist means a person who has a bac-
calaureate degree and four years of experience in a mental health setting
as a specialist in the fields of physical restoration, social adjustment, or
vocational adjustment. Up to two years of graduate professional educa-
tion may be substituted for the experience requirement on a year-to-year
basis; up to two years of post associate arts clinical experience may be
substituted for the required education.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.35 to new section 782.34, and renumbering and amendment of
former section 782.36 to new secfion 782.35, transmitted to OAL 7-2 1-97 and
filed 8-21-97 (Register 97, No. 34).
§ 782.36. Music Therapist.
Music therapist means a person who has a bachelor's degree in inusic
therapy and who is registered or eligible for registration as a inusic thera-
pist by the National Association for Music Therapy.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitutions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 782.36 to new secfion 782.35, and renumbering of former section
782.37 to new secfion 782.36, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.37. Occupational Therapist.
Occupational therapist means a person who is registered or who is eli-
gible for registration as an occupational therapist by the American Occu-
pational Therapy Association.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Insfitutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-2 1-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Comphance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 782.37 to new section 782.36, and renumbering of former section
782.38 to new section 782.37, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
Page 21
Register 97, No. 34; 8-22-97
§ 782.38
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
§ 782.38. Pharmacist.
Pharmacist means a person licensed as a pharmacist by the California
Board of Pharmacy.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfaie and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Comphance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Comphance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language wih be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 782.38 to new section 782.37, and renumbering of former secfion
782.39 to new secfion 782.38, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.39. Physician.
Physician means a person licensed as a physician and surgeon by the
California Medical Board or by the Board of Osteopathic Examiners.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institudons Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Institufions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.39 to new secfion 782.38, and renumbering of former secfion
782.40 to new secfion 782.39, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.40. Program Director.
Program director means an individual designated in writing by the li-
censee who meets the criteria of Sections 623, 624, 625, 626, 627, 628,
629, or 630 of Title 9 of the California Code of Regulations.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitufions Code.
History
1. NeW'Secfion filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transinitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97 ; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.40 to new section 782.39, and renumbering of former section
782.41 to new secfion 782.40, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.41 . Postural Support.
Postural support means devices that are applied to assist persons in
achieving proper body position or balance, whether to prevent injury to
those who cannot sit or lie in bed without falling, or to improve a person ' s
mobility and independent functioning.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Institufions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41). A Certificate of Comphance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Comphance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 782.41 to new secfion 782.40, and renumbering of former section
782.42 to new section 782.41, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.42. Psychologist.
Psychologist means a person licensed as a psychologist by the Califor-
nia Board of Psychology, or persons granted a waiver pursuant to Section
5751.2 of the Welfare and Institutions Code.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitufions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Comphance must be transmitted to OAL by 6^8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-10-96 as an emergency ; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
Page 22
Register 97, No. 34; 8-22-97
Totle 9
Department of Mental Health
§ 782.46
•
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 1 2).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1-97 order, including renumbering of for-
mer section 782.42 to new section 782.41, and renumbering of former .section
782.43 to new section 782.42, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.43. Recreation Therapist.
Recreation therapist means a person who is registered or eligible for
registration as a recreation therapist by the California Board of Parks and
Recreation Certification or the National Council for Therapeutic Recre-
ation Certification.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operaHve 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.43 to new section 782.42, and renumbering and amendment of
former section 782.45 to new section 782.43, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 782.44. Registeired Nurse.
Registered nurse means a person Hcensed as a registered nurse by the
California Board of Registered Nursing.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1 -97 order, including repealer of former sec-
tion 782.44, and renumbering of former section 782.46 to new section 782.44,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 782.45. Restraint.
Restraint, for the purposes of the regulations included in this chapter,
shall mean:
(a) Behavioral restraint which tneans any form of restraint employed
to control a client in order to prevent the person from causing harm to self
or others. Only the following types of behavioral restraint may be used
in a mental health rehabilitation center:
(1) Belts and cuffs, which are well padded; and
(2) Soft ties, consisting of cloth.
(b) Chemical restraint means a drug used to control behavior and in a
manner not required to treat the client's physical symptoms.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Cenificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 782.45 to new section 782.43, and renumbering and amendment of
former secfion 782.49 to new secfion 782.45, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 782.46. Seclusion.
Seclusion means the involuntary confinement of a client in a room or
area, where the client is prevented from physically leaving, for any period
of time.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by ^8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
Page 22.1
Register 97, No. 34; 8-22-97
§ 782.47
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.46 to new section 782.44. and renumbering and amendment of
former section 782.50 to new section 782,46, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 782.47. Self Administration of Medication.
Self administration of medication by clients means clients' shall be re-
sponsible for the control, management and use of his or her own medica-
tion.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificateof Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Comphance as to 3-2 1-97 order, including repealer of former sec-
fion 782.47, and renumbering of former section 782.51 to new section 782.47,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 782.48. Social Worker.
Social worker means a person who is licensed as a clinical social work-
er by the California Board of Behavioral Science Examiners, or persons
granted a waiver pursuant to Section 5751.2 of the Welfare and Institu-
tions Code.
NOTE; Authority cited: Secfions 5675 and 5768, Welfare and Institudons Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Comphance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, includingrepealerof former sec-
fion 782.48, and renumbering of former section 782.52 to new section 782.48,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 782.49. Standing Orders.
Standing orders means those written instructions which are used or in-
tended to be used in the absence of a prescriber's specific order for a spe-
cified client.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Coinpliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
' day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Comphance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Comphance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.49 to new section 783.45, and renumbering of former section
782.53 to new section 782.49, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.50. Supervision.
(a) Supervision means to instruct an employee or subordinate in their
duties and to oversee or direct work, but does not necessarily require the
immediate presence of the supervisor.
(b) Direct supervision means the supervisor shall be present in the
same building as the person being supervised, and available for consulta-
tion and assistance.
(c) Immediate supervision means that the supervisor shall be physical-
ly present while a task is being performed by the person being supervised.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.50 to new section 783.46, and renumbering of former section
782.54 to new secfion 782.50, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§782.51. Therapeutic Diet.
Therapeutic diet means any diet modified from a regular diet in a man-
ner essential to the treatment or control of a particular disease or illness.
Page 22.2
Register 97, No. 34; 8-22-97
Tiie 9
Department of Mental Health
§ 782.f
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96.
No. 6). A Certificate of Compliance must be transmitted to OAL by 6^8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6- 10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.51 to new section 783.47, and renumbering of former section
782.55 to new section 782.51, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.52. UoDt Dose Medication System.
Unit dose medication system means a system in which single dosage
units of drugs are prepackaged and prelabeled in accordance with all
applicable laws and regulations governing these practices and be made
available separated as to client and by dosage time. The system shall also
comprise, but not be limited to, all equipment and appropriate records
deemed necessary to make the dose available to the client in an accurate
and safe manner. A pharmacist shall be in charge of and responsible for
the system.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Comphance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.52 to new section 782.48, and renumbering of former section
782.56 to new section 782.52, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 782.53. Standing Orders.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-2 1-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.53 to new section 783.49, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 782.54. Supervision.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.54 to new section 782.50, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 782.55. Therapeutic Diet.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secdons 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secnon filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
Page 22.3
Register 97, No. 34; 8-22-97
§ 782.56
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.55 to new section 782.51, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 782.56. Unit Dose Medication System.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
SecUon 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 1 2). A Certificate of Compliance must be transmitted to OAL by 7-2 1 -97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 782.56 to new secfion 782.52, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
Article 3. License
§ 783.00. Application Required.
(a) Whenever either of the following circumstances occur, a verified
application for a new license completed on forms furnished by the De-
partment (MH800i/95) shall be submitted to the Department.
(1) Establishment of a mental health rehabilitation center.
(2) Change of ownership of a mental health rehabilitation center.
(b) Whenever any of the following circumstances occur, the licensee
shall submit to the Department a verified application for a corrected li-
cense completed on forms furnished by the Department (MH8001/95).
(1) Construction of a new or replacement mental health rehabilitation
center.
(2) Change in licensed bed capacity of a mental health rehabilitation
center.
(3) Change of name of a mental health rehabilitation center.
(4) Change of licensed category of a mental health rehabilitation cen-
ter.
(5) Change of location of a mental health rehabilitation center.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New article 3 and section filed 8-21-95 as an emergency; operative 8-21-95
(Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL
by 2-17-95 or emergency language will be repealed by operation of law on the
following day.
2. Editorial correction of History 1 (Register 96, No. 6).
3. New article 3 and section refiled 2-9-96 as an emergency; operative 2-9-96
(Register 96, No. 6). A Certificate of Compliance must be transmitted to OAL
by 6-^8-96 or emergency language will be repealed by operation of law on the
following day.
4. New article 3 and section refiled 6-10-96 as an emergency; operative 6-10-96
(Register 96, No. 24). A Certificate of Compliance must be transmitted to OAL
by l()-8-96 or emergency language will be repealed by operation of law on the
following day.
5. New article 3 and section refiled 10-8-96 as an emergency; operafive 10-8-96
(Register 96, No. 41 ). A Certificate of Compliance must be transmitted to OAL
by 2-5-97 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
7. New article 3 and section filed 3-21-97 as an emergency; operative 3-21-97
(Register 97, No. 1 2). A Certificate of Compliance must be transmitted to OAL
by 7-21-97 or emergency language will be repealed by operation of law on the
following day.
8. Certificate of Compliance as to 3-21-97 order, including amendment of secfion,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§783.10. Application Requirements.
(a) Any adult, firm, partnership, association, corporation, county, city,
public agency, or other governmental entity desiring to obtain a license
for a mental health rehabilitation center shall file an application with the
Department, except as provided in subsection (b).
(b) A nongovernmental entity proposing a mental health rehabilitation
center shall submit a written plan of operation as specified in Section
783.13, to the local mental health director for review and approval. The
local mental health director shall have the flexibility to base approval of
the plan of operation upon local program need, as well as a determination
of whether the plan of operation is complete and meets the requirements
of Section 783.1 3. Evidence that the plan of operation has been approved
by the local mental health director shall be in writing. The local mental
health director shall forward this approved plan of operation with the
application to the Department.
(c) If the applicant is a firm, association, corporation, county, city,
public, or other governmental entity, the application shall be signed by
the chief executive officer or authorized representative.
(d) An applicant shall cooperate with the Department by providing in-
formation and documentation as requested by the Department.
(e) Approval of an application by the Department does not constitute
the licensing of a mental health rehabilitation center as a mental health
rehabilitation center. The final approval for the licensing of a mental
health rehabilitation center as a mental health rehabilitation center will
be based on a site visit(s) conducted by the Department, within 30 calen-
dar days following the applicant receiving written notification of approv-
al of the application from the Department.
(f) Each year following the initial licensing of a mental health rehabili-
tation center, the licensee shall submit any changes to the approved plan
of operation to the local mental health director and to the Department.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including amendment of subsec-
tions (a), (e) and (f), transmitted to OAL 7-21-97 and filed 8-21-97 (Register
97, No. 34).
Page 22.4
Register 97, No. 34; 8-22-97
Title 9
Department of Mental Health
§ 783.12
§ 783.1 1 . Appiflcattion Gootent.
(a) The application shall, at a minimum, contain the following infor-
mation:
( 1) Name, or proposed name, and address of the mental health rehabili-
tation center.
(2) Name, residence, and mailing address of applicant.
(A) If the applicant is a partnership, the name and principal business
address of each partner.
(B) If the applicant is a corporation or association, the name, title, and
business address of each officer and member of the governing board.
(C) Name and address of the owner of the mental health rehabilitation
center premises if the applicant is leasing or renting.
(3) Written administrative pohcies and procedures as specified in Sec-
tion 784.00 of these regulations.
(4) A written plan of operation as specified in Section 783.13 of these
regulations. The plan of operation shall also include program evaluation
measures in accordance with the provisions included in Section 5675 of
the Welfare and Institutions Code.
(5) A written financial plan including an actual or proposed annual
budget, and the most recent financial audit, if available.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1 -97 order, including amendment of subsec-
tions (a)(2)(C)-(a)(3), transmitted to OAL 7-21-97 and filed 8-21-97 (Regis-
ter 97, No. 34).
§ 783.12. AppBBca!ion Process.
(a) Whenever an application is submitted pursuant to these regula-
tions, the Department shall notify the applicant, in writing, within thiity
calendar days of receipt of the application, that the application is com-
plete and accepted for filing or that the application is incomplete, and
what specific information or documentation is required to complete the
application.
(b) If the applicant fails to respond within thirty calendar days to the
Department, following receipt of notification pursuant to (a) above, for
additional information or documentation, the application shall be
deemed to have been withdrawn by the applicant. Any applicant deemed
to have withdrawn an application may reapply by submitting a new appli-
cation.
(c) The Department shall notify an applicant, in writing, within 60 cal-
endar days following the acceptance of an application for filing, of the
Department's decision to approve or deny the application.
(1) The sixty days shall not begin until all informaUon or documenta-
tion required for completion of the application is received by the Depart-
ment.
(2) If the Department fails to notify an applicant by the ending calendar
date of the 60 day time period, the applicant may request, in writing, a
review by the Deputy Director responsible for mental health rehabilita-
tion center licensure, or the designee of the Director, at the principal ad-
dress of the Department in Sacramento, California. The written request
shall include:
(A) An identification of the appHcant;
(B) The date upon which the application was submitted;
(C) A copy of any correspondence between the Department and the
applicant regarding the application; and
(D) Any other information the applicant wishes to submit regarding
the timeliness of the Department's consideration of the application.
(d) An applicant may request a review of a denial or disapproval of an
application by sending a written request to the Deputy Director responsi-
ble for mental health rehabilitation center licensure, or the designee of the
Director, at the principal address of the Department in Sacramento, Cali-
fornia.
(1) A request for review must be postmarked no later than fifteen cal-
endar days after receipt of the notification of the denial or disapproval of
the application.
(2) An applicant requesting a review shall be responsible for submit-
ting all documents, information, and arguments which the applicant
wishes to be considered in the review. The documents, information, and
arguments the applicant wishes to be considered may be submitted with
the request for review or sent separately, but shall be postmarked no later
than thirty calendar days after receipt of the written notification of denial
or disapproval of the application.
(3) The Deputy Director or the designee shall review the written notifi-
cation of application denial or disapproval, and any related information
and documents justifying or supporting the application denial or disap-
proval, the request for review submitted by the applicant, and the infor-
mation, documents and arguments submitted by the applicant. If deemed
necessary for completion of the review, the Deputy Director or the desig-
nee may request clarification or additional information from the appli-
cant.
(4) Upon completion of the review a decision to affirm or reverse the
application denial or disapproval shall be prepared by the Department.
A decision shall become final when adopted by the Deputy Director or
designee.
(5) A written notification of the decision to affirm or reverse the action
to deny or disapprove an application shall be sent to the applicant. A deci-
sion adopted by the Department shall become effective upon receipt by
the applicant.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including amendment of subsec-
tions (c)(2) and (d), transmitted to OAL 7-21-97 and filed 8-21-97 (Register
97, No. 34).
Page 22.5
Register 97, No. 34; 8-22-97
§ 783.13
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
§ 783.13. Plan of Operation Requirements.
(a) The plan of operation shall describe the following components for
the proposed mental health rehabilitation center:
(1) Summary of Administrative Policies and Procedures as specified
in Section 784.00 of these regulations.
(2) Basic Services and Staffing.
(3) Rehabilitation Program and Staffing.
(4) Activity Program and Staffing.
(5) Admissions Process and Criteria.
(6) Discharge Planning and Transition Process.
(7) Health Records and Services Content.
(8) Client Records and Content.
(9) Client Rights and Empowerment.
(10) Pharmaceutical Services and Self-Medication.
(11) Program Space Requirements.
(12) Restraint and Seclusion Policies and Procedures.
(13) Physical Plant or Buildings.
(14) Program Supplies.
(15) Program Equipment.
(16) Clinical Treatment Programs.
(17) Interdisciplinary Treatment Teams.
(18) Psychiatric and Psychological Services.
(b) The plan of operation shall specify each target population group
that the proposed mental health rehabilitation center plans to serve. The
description of the population group to be served shall include the follow-
ing:
(1) Age range.
(2) Gender.
(3) Ethnicity.
(4) Degree or level of impairment.
(5) Diagnosis as listed in the most current edition of the Diagnostic and
Statistical Manual of Mental Disorders (DSM).
(6) Number of clients to be served.
(7) Identification of the particular needs of the population.
(8) The rehabilitation program designed to meet the identified service
needs of the population.
(9) Method and frequency of evaluating client progress.
(c) A specific description of what makes the program innovative com-
pared to existing licensed or certified mental health programs.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including amendment of subsec-
tions (a)(1) and (a)(13) and new subsection (c), transmitted to OAL 7-21-97
and filed 8-21-97 (Register 97, No. 34).
§ 783.14. Safety, Zoning and Building Clearance.
(a) A license shall not be issued to any applicant which does not con-
form to the State Fire Marshal's requirements for fire and life safety, the
State requirements for environmental impact, and also to local fire safety,
zoning, and building ordinances. Evidence of such compliance shall be
presented in writing to the Department.
(b) The licensee shall maintain the mental health rehabilitation center
in a safe structural condition. If the Department determines, in a written
report submitted to the licensee, that an evaluation of the structural condi-
tion of a mental health rehabilitation center building is necessary, the li-
censee may be required to submit a report by a licensed structural engi-
neer which shall evaluate the structural condition of the mental health
rehabilitation center, and, if necessary, establish a basis for eliminating
or correcting the structural conditions which may be hazardous to occu-
pants. The licensee shall eliminate or correct any hazardous conditions.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Insfitutions Code.
History
1. New secfion filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Comphance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Comphance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5 . Certi ficate of Compliance as to 1 0-8-96 order ttansmitted to OAL 2-5-97 ; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including amendment of subsec-
tion (b), transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 783.1 5. Separate Licenses.
Separate Hcenses shall be required for mental health rehabilitation
centers which are maintained on separate premises even though they are
under the same management. Separate licenses shall not be required for
separate buildings on the same grounds or adjacent grounds, used for the
provision of the same program under the requirements of these regula-
tions.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
Page 22.6
Register 97, No. 34; 8-22-97
Department of Mental Health
§ 783.]
•
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order transinitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§783.16. Positing.
The license or a true copy thereof shall be posted in a conspicuous lo-
cation accessible to public view within the mental health rehabilitation
center.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfaie and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transinitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 783.1 7. Report of Changes.
The licensee shall notify the Department in writing of any changes in
the following information within 10 calendar days of the changes. This
notification shall include information and documentation regarding such
changes.
(a) A change of mental health rehabilitation center director occurs.
Such notification shall include the name and license number, if applica-
ble, of the new mental health rehabilitation center director.
(b) A change of the mailing address of the licensee. Such notification
shall include the new mailing address of the licensee.
(c) A change in the principal officer of a corporate licensee (chairman,
president or general manager) occurs. Such notification shall include the
name and business address of such officer.
(d) Any decrease in licensed bed capacity of the mental health rehabilj-
tation center.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1-97 order, including amendment of subsec-
tions (a) and (d), transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97,
No. 34).
§ 783.18. Program FlexibiSity and yonitoring.
All mental health rehabilitation centers shall maintain compliance
with the licensing requirements. These requirements do not prohibit the
use of alternate concepts, methods, procedures, techniques, equipment,
personnel qualifications or the conducting of pilot projects, provided
such exceptions are carried out with provision for safe and adequate care
and with the prior written approval of the Department. Such approval
shall provide for the terms and conditions under which the exception is
granted. A written request and substantiating information and documents
supporting the request shall be submitted by the applicant or licensee to
the Department.
(a) Any approval of the Department granted under this section, or a
true copy thereof, shall be posted immediately adjacent to the center's li-
cense.
(b) The local mental health director shall monitor each mental health
rehabilitation center providing a program based on a plan of operation,
as specified in Section 783.13, and approved by the local mental health
director and the Department, pursuant to Welfare and Institutions Code,
Section 5768(e)(2).
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7 . Certi ficate of Compliance as to 3-2 1 -97 order, including amendment of subsec-
tion (b), transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 783.19. Conviction of Crime: Standards for EvaSuating
Rehabilitation.
When considering the denial, suspension or revocation of a license
based on the applicant's or licensee's conviction of a crime in accordance
with Section 1265.1 or 1294 ofthe Health and Safety Code, the following
criteria shall be considered in evaluating the applicant's or licensee's re-
habilitation:
(a) The nature and the seriousness ofthe crime(s) under consideration.
(b) Evidence of conduct subsequent to the crime which suggests re-
sponsible or irresponsible character.
(c) The time which has elapsed since commission of the crime(s) or
conduct referred to in subdivision (a) or (b).
(d) The extent to which the applicant has complied with any terms of
parole, probation, restitution, or any other sanction lawfully imposed
against the applicant.
(e) Any rehabilitation evidence submitted by the applicant.
Page 22.7
Register 97, No. 34; 8-22-97
§ 783.20
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operafi ve 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 783.20. Bonds.
The amount of the Bond required in Section 1318 of the Health and
Safety Code shall be in accordance with the following schedule:
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
(a) Total Amount of Client
Monies Handled Per Month
$750 or less
$751 to $1,500
$1,501 to $2,500
Amount of Bond Required
$1,000
$2,000
$3,000
(b) Every further increment of $1 ,000 or fraction thereof shall require
an additional $1,000 on the bond.
(c) Each application for an original license or renewal of license shall
be accompanied by an affidavit on a form provided by the Department.
The affidavit shall state whether the licensee handles, or will handle,
money of clients and the maximum amount of money to be handled for:
(1) Any client.
(2) All clients in any month.
(d) No licensee shall handle money of a client or handle amounts great-
er than those stated in the affidavit submitted by him/her without first no-
tifying the Department and filing a new or revised bond if requested.
(e) Charges for the surety company bond to handle client monies shall
not be paid out of client monies.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No.: 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day:
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day;.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
appi^oved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
Article 4. General Requirements
§ 784.00. Administration.
The licensee shall be responsible for compliance with licensing re-
quirements and for the organization, management, operation and control
of the licensed mental health rehabilitation center. The delegation of any
authority by a licensee shall not diminish the responsibilities of the li-
censee. Written policies and procedures shall be established and implem-
ented for each of the following:
(a) Administration and management of the mental health rehabilita-
tion center.
(b) Personnel policies and procedures which include:
(1) Job descriptions detaihng qualifications, duties and limitations of
each classification of employee available to all personnel.
(2) Employee orientation to mental health rehabilitation center, job,
client population, policies, procedures and staff.
(3) Employee benefits.
(4) Employee health and grooming.
(5) Verification of licensure, credentials and references.
(c) Policies and procedures for client admission, leave of absence,
transfer, pass and discharge, categories of chents accepted and retained,
rate of charge for services included in the basic rate, charges for extra ser-
vices, limitations of services, cause for termination of services and re-
fund policies applying to termination of services.
(d) Policies and procedures governing client records which include:
(1) Policies and procedures governing access to, duplication of, and
dissemination of, information from client records.
(2) Policies and procedures to ensure the confidentiality of client infor-
mation, in accordance with applicable laws and regulations.
(e) Procedures for reporting of unusual occurrences.
(f) A written organizational chart showing the major programs of the
mental health rehabilitation center, the person in charge of each program,
the lines of authority, responsibility and communication and the staff as-
signments.
(g) Restraint and seclusion policies and procedures.
(h) Informed consent to medical and psychiatric treatment policies and
procedures.
(i) Infection control policies and procedures.
(j) Dietary services policies and procedures.
(k) Housekeeping services policies and procedures which include pro-
vision for maintenance of a safe, clean environment for clients, em-
ployees and the public.
(/) All policies and procedures required by these regulations shall be
reviewed at least annually and revised as needed, and shall be made avail-
able upon request to physicians and involved mental health profession-
als, clients or their legal representatives, employees, and the public.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1. New article 4 and section filed 8-21-95 as an emergency; operative 8-21-95
(Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL
by 2-1 7-95 or emergency language will be repealed by operafion of law on the
following day.
2. Editorial correction of History 1 (Register 96, No. 6).
3. New article 4 and section refiled 2-9-96 as an emergency; operafive 2-9-96
(Register 96, No. 6). A Certificate of Compliance must be transmitted to OAL
by 6-8-96 or emergency language will be repealed by operation of law on the
following day.
4. New article 4 and section refiled 6-10-96 as an emergency; operafive 6-10-96
(Register 96, No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-8-96 or emergency language will be repealed by operafion of law on the
following day.
Page 22.8
Register 97, No. 34; 8-22-97
Department of Mental Health
§ 784.11
5. New article 4 and section refiled 1 0-8-96 as an emergency; operative 10-8-96
(Register 96, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-5-97 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
7. New article 4 and section filed 3-2J-97 as an emergency; operative 3-21-97
(Register 97, No. 12). A Certificate of Compliance must be transmitted to OAL
by 7-21-97 or emergency language will be repealed by operation of law on the
following day.
8. Certificate ofCompliance as to 3-2 1-97 order, including amendment of section,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 784.10. iVIentai Health Rehabilitationi Center Director and
Staff.
Each mental health rehabilitation center shall employ or otherwise
provide a mental health rehabihtation center director to be responsible
for the administration and management of the mental health rehabilita-
tion center. The qualifications, experience, skills and knowledge re-
quired of the individual identified as the mental health rehabilitation cen-
ter director shall be established in writing. The director shall primarily be
responsible for the administration and management of only one mental
health rehabilitation center. Subject to Departmental approval, a director
may be responsible for more than one mental health rehabilitation center.
(a) The licensee may act as the director or shall appoint a director. The
licensee shall delegate to the designated director, in writing, authority to
organize and manage the day-to-day functions of the mental health reha-
bilitation center. If the director is to be absent for more than 30 calendar
days, the licensee shall appoint an acting director to be responsible for the
day-to-day functions of the mental health rehabilitation center.
(b) A copy of the current mental health rehabilitation center regula-
tions contained in this chapter shall be maintained by the director and
shall be available to all personnel.
(c) The director shall be responsible for informing appropriate staff of
the applicable additions, deletions and changes to mental health rehabili-
tation center regulations.
(d) The director shall be responsible for informing the Department, or
its designee, via telephone within 24-hours of any unusual occurrence,
as specified in Section 784.15. If the unusual occurrence involves the dis-
continuance or disaiption of services occurring during other than regular
business hours of the Department or its designee, a telephone report shall
be made immediately upon the resumption of business hours of the De-
partment.
(e) The licensee shall employ the number of qualified personnel need-
ed to comply with all regulatory requirements and shall provide for an
initial orientation of all new employees, a continuing in-service training
program and supervision. The licensee shall ensure that consumers and
family members of persons with mental disabilities have opportunities
for employment, including employment as a peer counselor, in each
mental health rehabilitation center operated by the licensee.
(f) If any language or communication barriers exist between mental
health rehabilitation center staff and clients, arrangements shall be made
for interpreters or for the use of other mechanisms to ensure adequate
communication between clients and personnel.
(g) The Department reserves the right to require the licensee to provide
additional professional, administrative or supportive personnel whenev-
er the Department determines through a written evaluation that addition-
al personnel are needed to provide for the health and safety of clients.
(h) The licensee shall ensure that all employees serving clients or the
public shall wear name and title badges.
(i) Each mental health rehabilitation center shall have an orientation
program for all newly hired employees. Each new employee shall be pro-
vided 20 hours of initial orientation to the mental health rehabilitation
center organization, administrative policies and procedures, and plan of
operation during the first week of employment for full time employees
and the first month for part time employees.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
\. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate ofCompliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate ofCompliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate ofCompliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate ofCompliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved bv OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-2 1-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate ofCompliance as to 3-21-97 order, including amendment of section
heading and section, transmitted to OAL 7-21-97 and filed 8-21-97 (Register
97, No. 34).
§ 784.1 1 . Employee Personnel Records.
(a) Each licensee shall maintain current complete and accurate person-
nel records for all employees.
( 1 ) The record shall include:
(A) Full name.
(B) Social Security Number.
(C) Professional license or registration number and date of expiration,
if applicable.
(D) Employment classification.
(E) Information as to past employment and qualifications.
(F) Date of beginning employment.
(G) Date of termination of employment.
(H) Documented evidence of orientation to the mental health rehabili-
tation center and in-service training.
(1) Performance evaluations.
(2) Such records shall be retained for at least three (3) years following
termination of employment. Employee personnel records shall be main-
tained in a confidential manner, and shall be made available to authorized
representatives of the Department upon request.
(b) Records of hours and dates worked by all employees during at least
the most recent 12-month period shall be kept on file at the place of em-
ployment or at a central location within the State of California. Upon re-
quest, such records shall be made available at a time and location speci-
fied by the Department.
(c) A permanent log of the temporary personnel employed in the men-
tal health rehabilitation center shall be kept for three (3) years, and shall
include the following:
(1) Employee's full name.
(2) Name of temporary services personnel agency.
(3) Professional license and registration number and date of expira-
tion, if applicable.
(4) Verification of health status.
(5) Record of hours and dates worked.
(d) The above requirements do not apply to contract employees, with
the exception of required professional licenses. '
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Cerfificate ofCompliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
Page 22,9
Register 97, No. 34; 8-22-97
§ 784.12
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Ceilificate of Compliance must be transmitted to OAL tjy 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6- 1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operati ve 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted toOAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.1 1 to new section 784.26. and renumbering and ainendment of
former section 784.19 to new section 784.1 1, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.12. Employees' Health Examination and Health
Records.
(a) All employees working in the mental health rehabilitation center,
including the licensee, shall have a health examination within 90 days
prior to employment, or within seven (7) days after employment, and at
least amiually thereafter by a person lawfully authorized to perform such
a procedure. Each such examination shall include a medical history and
physical evaluation. The report signed by the examiner shall indicate that
the person is sufficiendy free of disease to perform assigned duties and
does not have any health condition that would create a hazard for self, fel-
low employees, clients, or visitors.
(b) The initial health examination and subsequent annual examination
shall include a screening for tuberculosis. The procedure shall conform
with the State Department of Health Services' public health tuberculosis
screening standards and requirements for employees of health facilities.
Satisfactory written evidence of a tuberculosis screening within 90 days
prior to employment shall be considered as meeting the intent of this sec-
tion.
(c) The mental health rehabilitation center shall maintain a health re-
cord of the mental health rehabilitation center director and for each em-
ployee which includes reports of all employment-related health exami-
nations. Such records shall be kept for a minimum of three years
following termination of employment.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New secdon filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Ceitificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day. '
5. Certificate of CompUance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.12 to new section 784.26, and renumbering and amendment of
former secfion 784.20 to new section 784.12, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.1 3. Use of Outside Resources.
(a) If a mental health rehabilitation center does not employ qualified
personnel to render a specific service to be provided by the mental health
rehabilitation center, there shall be arrangements through a written
agreement with outside resources which shall meet the standards and re-
quirements of these regulations.
(b) Copies of affiliation agreements, contracts or written arrangements
for advice, consultation, services, training or transportation, with other
facilities, organizations or individuals, public or private agencies, shall
be on file in the mental health rehabilitation center's administrative of-
fice. These shall be readily available for inspection and review by the De-
partment.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institufions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Cerfificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 1 0-8-96 order filed on 3-2 1 -97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.13 to new secfion 784.14, and renumbering and amendment of
former secfion 784.14 to new secfion 784.13, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.14. Consumer Information to be Posted.
(a) The following consumer information shall be conspicuously
posted in a prominent location accessible to the public.
(1) Name, license number and date of employment of the current di-
rector of the mental health rehabilitation center.
(2) A listing of all services and special programs provided in the men-
tal health rehabilitation center and those provided through written con-
tracts.
(3) The current and following week's menus for regular and therapeu-
tic diets.
(4) A notice that the mental health rehabilitation center's written ad-
mission and discharge policies are available upon request.
(5) A notice that a copy of the most recent licensing visit report and
related plan(s) of correction, if any, are available for public review, upon
request.
(6) The names and addresses of all previous owners of the mental
health rehabilitation center.
(7) A listing of all other mental health rehabilitation centers and other
facilities owned by the same person, firm, partnership, association, or
corporation.
(8) A statement that an action to revoke the mental health rehabilita-
tion center's license is pending, if such an action has been initiated by the
filing of an accusation, pursuant to Section 11503 of the Government
Code, and the accusation has been served on the licensee.
(9) A notice of the name, address and telephone number of the Licens-
ing and Certification office. Department of Mental Health, which has ju-
risdiction over the mental health rehabilitation center.
Page 22.10
Register 97, No. 34; 8-22-97
Department of Mental Health
§ 784.17
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refded 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.14 to new section 784.13, and renumbering and amendment of
former section 784.13 to new section 784.14, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.15. Unusual Occurrences.
(a) Occurrences such as epidemic outbreaks, poisonings, fires, major
accidents, death from unnatural causes or other catastrophes and unusual
occurrences which threaten the welfare, safety or health of clients, per-
sonnel or visitors shall be reported by the mental health rehabilitation
center within 24-hours either by telephone (and confirmed in writing),
by electronic or telephonic means, or by telegraph to the legal or autho-
rized representative, local mental health director and the Department.
(1) An unusual occurrence report shall be retained on file by the facil-
ity for one year.
(2) The mental health rehabilitation center shall furnish such other per-
tinent information related to such occurrences as the local health officer
or the Department may require.
(3) Every fire or explosion which occurs in or on the premises shall be
reported within 24-hours to the local fire authority or in areas not having
an organized fire service, to the State Fire Marshal.
(b) Client deaths shall be reported by the licensee to the Department
or its designee by no later than twenty-four (24) hours following a client
death.
(c) An unusual occurrence report shall be in writing and shall include
detailed information specific to the date, time and setting, description of
client physical condition, staff response, and planned follow-up.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language wdl be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.15 to new section 784.16, and renumbering and amendment of
former secfion 784.16 to new section 784.15, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.16. Reporting of Communicable Diseases.
All cases of reportable communicable diseases shall be reported to the
local health officer in accordance with. Article 1 (commencing with Sec-
tion 2500), Subchapter 1 , Chapter 4, Title 1 7, California Code of Regula-
tions.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of CompUance as to 3-21-97 order, including renumbering of for-
mer section 784.16 to new section 784.15, and renumbering and amendment of
former section 784.15 to new section 784.16, transmitted to OAL 7-21-97 and
fded 8-21-97 (Register 97, No. 34).
§ 784.17. Infectious Diseases.
The facility shall adopt, observe and implement written infection con-
trol pohcies and procedures. These policies and procedures shall be re-
viewed at least annually and revised as needed.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of CompUance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of CompHance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
Page 22.11
Register 97, No. 34; 8-22-97
§ 784.18
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
7. Certificate of Compliance as to 3-21-97 order transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.18. Storage and Disposal of Solid Waste.
(a) Solid wastes shall be stored and eliminated in a manner to preclude
the transmission of communicable disease. These wastes shall not be a
nuisance or a breeding place for insects or rodents nor be a food source
for either.
(b) Sohd waste containers shall be stored and located in a manner that
will minimize odors in client or dietary areas.
(c) Before being discarded into waste containers, syringes and needles
shall be rendered unusable.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.18 to new section 784.21, and renumbering of former secfion
784.48 to new section 784.18, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§784.19. Solid Waste Containers.
(a) All containers used by the mental health rehabilitation center, ex-
cept movable bins used for storage of solid waste, shall have tight-fitting
covers in good repair, external handles and be leakproof and rodent
proof.
(b) Movable bins when used for storing or transporting solid waste
from the premises shall have approval of the local health Department and
shall meet the following requirements:
(1) Have tight-fitting covers, closed when not being loaded.
(2) Be in good condition.
(3) Be leakproof.
(4) Be rodent proof unless stored in a room or screened enclosure.
(c) All containers receiving putrescible wastes shall be emptied at least
every four days, or more, if necessary.
(d) Solid waste containers, including movable bins, shall be thorough-
ly washed and cleaned each time they are emptied unless soil contact sur-
faces have been completely protected from contamination by disposable
liners, bags or other devices removed with the waste. Each movable bin
shall be accessible and shall have a drainage device to allow complete
cleaning at the storage area.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day. :
2. New secfion refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operafive 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784. 19 to new section 784. 1 1 , and renumbering and amendment of
former secfion 784.49 to new secfion 784.19, transmitted toOAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.20. Infectious Waste.
Infectious waste, as defined in Section 1 17690 of the Health and Safe-
ty Code, shall be handled and disposed of in accordance with the Medical
Waste Management Act, Chapter 2 of Part 14 of Division 104, Health and
Safety Code (commencing with Section 1 1 7600).
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Insfitutions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Comphance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.20 to new section 784. 12, and renumbering and amendment of
former section 784.50 to new secfion 784.20, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.21. Cleaning, Disinfecting and Sterilizing.
(a) Each faciUty shall have a written manual on cleaning, disinfecting
and sterilizing procedures. The manual shall include procedures to be
used in the care of utensils, instruments, solutions, dressings, articles and
surfaces and shall be available for use by facility personnel. All proce-
dures shall be carried out in accordance with the manual.
(b) Each faciUty shall make provision for the cleaning and disinfecting
of contaminated arficles and surfaces which cannot be sterilized.
(c) Individual client care supply items designed and identified by the
manufacturer to be disposable shall not be reused.
(d) The facility shall provide for:
(1) Effective separation of soiled and contaminated supplies and
equipment from clean and sterilized supplies and equipment.
(2) Clean cabinets for the storage of sterile supplies and equipment.
(3) An orderly system of rotation of supplies so that the supplies stored
first shall be used first.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Insfitutions Code.
Page 22.12
Register 97, No. 34; 8-22-97
Department of Mental Health
§ 784.24
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.21 to new section 784.28, and renumbering of former section
784.18 to new section 784.21, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 784.22. SoDled Linen.
(a) Soiled linen shall be handled, stored and processed in a manner that
will prevent the spread of infection.
(b) Soiled linens shall be sorted in a separate room by methods afford-
ing protection from contamination.
(c) Soiled linen shall be stored and transported in a closed container
which does not permit airborne contamination of corridors and areas oc-
cupied by clients and precludes cross contamination of clean linen.
(d) When laundry chutes are used to transport soiled linen, they shall
be maintained in a clean, sanitary state.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transnutted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.22 to new section 784.27, and renumbering of former secdon
784.45 to new section 784.22, transmitted to OAL 7-21-97"'and filed 8-21-97
(Register 97, No. 34).
§ 784.23. Clean Lonen.
(a) Clean linen shall be stored, handled and transported in a way that
precludes cross-contamination.
(b) Clean linen shall be stored in clean, ventilated closets, rooms or al-
coves, used only for that purpose.
(c) Clean linen from a commercial laundry shall be delivered to a des-
ignated clean area in a manner that prevents contamination.
(d) Linens shall not be threadbare and shall be maintained in good re-
pair.
(e) A supply of linen shall be provided sufficient for not less than three
complete bed changes for the mental health rehabilitation center's li-
censed capacity.
(f) A supply of clean wash cloths and towels shall be provided and
available to staff to ineet the care needs of the clients.
NOTE: Authority cited: Sections 5675 and 5768, Welfaie and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6- 1 0-96 (Register 96,
No. 24). A Certificate of Coinpliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.23 to new secdon 784.31 , and renumbering and amendment of
former secdon 784.44 to new section 784.23, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.24. Fire and Internal Disasters.
(a) A written fire and internal disaster plan incorporating evacuation
procedures shall be developed with the assistance of qualified fire, safety
and other appropriate experts. A copy of the plan shall be available on the
premises for review by the staff and the Department.
(b) The written plan shall include at least the following:
(1) Procedures for the assignment of personnel to specific tasks and
responsibilities.
(2) Procedures for the use of alarm systems and signals.
(3) Procedures for fire containment.
(4) Priority for notification of staff including names and telephone
numbers.
(5) Location of fire-fighting equipment.
(6) Procedures for evacuation and specification of evacuation routes.
(7) Procedures for moving clients from damaged areas of the mental
health rehabilitation center to undamaged areas.
(8) Procedures for emergency transfer of clients who can be moved to
health facilities, including arrangements for safe and efficient transporta-
tion.
(9) Procedures for emergency discharge of clients who can be dis-
charged without jeopardy into the community, including prior arrange-
ments for their care, arrangements for safe and efficient transportation
and at least one follow-up inquiry within 24 hours to ascertain that clients
are receiving their required care.
(10) A written disaster tag or note containing all pertinent personal and
medical information to accompany each client who is moved, trans-
ferred, discharged or evacuated.
(11) Procedures for maintaining a record of client relocation.
(12) Procedures for handling incoming or relocated clients.
(13) Other provisions as dictated by circumstances.
(c) Fire and internal disaster drills shall be held at least quarterly, under
varied conditions for each individual shift of the facility personnel. The
actual evacuation of clients to safe areas during a drill is optional.
Page 22.13
Register 97, No. 34; 8-22-97
§ 784.25
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(d) The evacuation plan shall be posted throughout the mental health
rehabilitation center and shall include at least the following:
(1) Evacuation routes.
(2) Location of fire alarm boxes.
(3) Location of fire extinguishers.
(4) Emergency telephone number of the local fire department.
(e) A dated, written report and evaluation of each drill and rehearsal
shall be maintained and shall include signatures of all employees who
participated.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code.
Reference: Sections 5675 and 5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96.
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.24 to new section 784.34, and renumbering and amendment of
former section 784.32 to new section 784.24, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.25. External Disaster and Mass Casualty Program.
(a) A written external disaster and mass casualty program plan shall
be adopted and followed. The plan shall be developed with the advice and
assistance of county or regional and local planning offices and shall not
conflict with county and community disaster plans. A copy of the plan
shall be available on the premises for review by the Department.
(b) The plan shall provide procedures in event of community and
widespread disasters. The written plan shall include at least the follow-
ing:
(1) Sources of emergency utilities and supplies, including gas, water,
food and essential medical supportive materials.
(2) Procedures for assigning personnel and recalling off-duty person-
nel.
(3) Unified medical command; chart of lines of emergency authority
in the mental health rehabilitation center.
(4) Procedures for the conversion of all usable space into areas for cli-
ent observation and immediate care of emergency admissions.
(5) Prompt transfer of casualties when necessary and after preliminary
medical services have been rendered, to the mental health rehabilitation
center most appropriate for administering definitive care. Procedures for
moving clients from damaged areas of the mental health rehabilitation
center to undamaged areas.
(6) Arrangements for provision of transportation of clients including
emergency housing where indicated. Procedures for emergency transfers
of cliefits who need to be moved to health care facilities, including ar-
rangements for safe and efficient transportation and transfer information.
(7) Procedures for emergency discharge of clients who can be dis-
charged without jeopardy into the community, including prior arrange-
ments for their care, arrangements for safe and efficient transportation
and at least one follow-up inquiry within 24 hours, to ascertain that cli-
ents are receiving required care.
(8) Procedures for maintaining a record of client relocation.
(9) An evacuation plan, including evacuation routes, emergency
phone numbers of physicians, health facilities, the fire department and
local emergency medical services agencies and arrangements for the safe
transfer of clients after evacuation.
(10) A tag containing all pertinent personal and medical information
which shall accompany each client who is moved, transferred, dis-
charged or evacuated.
(11) Procedures for maintaining security in order to keep relatives, vis-
itors and curious persons out of the mental health rehabilitation center
during a disaster.
(12) Procedures for providing emergency care to incoming clients
from other facilities.
( 1 3) Assignment of public relations liaison duties to a responsible indi-
vidual employed by the mental health rehabilitation center to release in-
formation to the public during a disaster.
(c) The plan shall be reviewed at least annually and revised as neces-
sary to ensure that the plan is current. All personnel shall be instructed
in the requirements of the plan. There shall be evidence in the personnel
files, or the orientation checkhst, indicating that all new employees have
been oriented to the plan and procedures at the beginning of their employ-
ment.
(d) The mental health rehabilitation center shall participate in all local
and state disaster drills and test exercises when asked to do so by the local
or state disaster or emergency medical services agencies.
(e) A disaster drill shall be held by the mental health rehabilitation cen-
ter at six (6)-month intervals. There shall be a written report of the mental
health rehabilitation center's participation in each drill or test exercise.
Staff from all shifts shall participate in drills or test exercises.
NOTE: Authority cited: Sections 5675 and 5768. Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6- 1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1-97 order, including renumbering of for-
mer section 784.25 to new section 784.35, and renumbering and amendment of
former section 784.35 to new section 784.25, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.26. Admission of Clients.
The licensee shall:
(a) Have and implement written admission and discharge policies en-
compassing which licensed mental health professionals can accept cli-
ents for admission to the facility, the types of diagnoses for which clients
can be admitted, hmitations imposed by law or licensure, and staffing
limitations. These policies shall be made available to clients or their rep-
resentatives upon admission, and shall be made available to the public
upon request.
(b) Not admit or discharge a client on the basis of race, color, religion,
ancestry or national origin. Any bonafide nonprofit religious, fraternal or
charitable organization which can demonstrate to the satisfaction of the
Department that its primary or substantial purpose is not to evade this
Page 22.14
Register 97, No. 34; 8-22-97
TitDe 9
Department of Mental Health
§ 784.28
subsection may establish admission policies limiting or giving prefer-
ence to its own members or adherents and such policies shall not be con-
strued as being in noncompliance with (d) below. Any admission of non-
members or nonadherents shall be subject to (d) below.
(c) Admit clients who are 18 years of age or older, who are considered
seriously and persistently mentally disabled, who otherwise would be
placed in a state hospital or other mental heakh facility, and for whom
such a setting is the least restrictive alternative available to meet their
needs.
(d) Not admit any person who is nonambulatory, requires a level or
levels of medical care not provided, who would be appropriately served
by an acute psychiatric hospital, or who is diagnosed only with a sub-
stance abuse or eating disorder.
(1) For the purposes of this provision, nonambulatory means the in-
ability to exit the mental health rehabilitation center unassisted under
emergency conditions with reasonable accommodations. Every accom-
modation must be determined on a case-by-case basis, taking into con-
sideration the mental health rehabilitation center's staffing level required
pursuant to this chapter.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1 -97 order, including repealer of former sec-
tion 784.26, and renumbering and amendment of former section 784.1 1 to new
section 784.26, transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97,
No. 34).
§ 784.27. Admission Recordls.
(a) For each cUent a mental health rehabilitation center shall complete
an admission record which shall include the following:
(1) Name and Social Security Number.
(2) Current address.
(3) Age and date of birth.
(4) Sex.
(5) Date of admission.
(6) Name, address and telephone number of the legal or authorized au-
thorized representative, person or agency responsible for client and next
of kin.
(7) Name, address and telephone number of the practitioner who is pri-
marily responsible for the treatment of the client.
(8) Admission diagnoses.
(9) Medicare and Medi-Cal numbers when appropriate.
(10) An inventory including but not limited to:
(A) Items of jewelry.
(B) Items of furniture.
(C) Radios, television and other appliances.
(D) Prosthetic and orthopedic devices.
(E) Other valuable items, so identified by the client, family or autho-
rized representative.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New secdon filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.27 to new section 784.36, and renumbering and amendment of
former section 784.22 to new section 784.27, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.28. Clients' Records.
(a) Clients' records shall be permanent, either typewritten or legibly
written in ink, be capable of being photocopied and shall be kept on all
clients admitted or accepted for care. All health records of discharged cli-
ents shall be completed and filed within 30 days after discharge date and
such records shall be kept for a minimum of seven (7) years. All required
records, either originals or accurate reproductions thereof, shall be main-
tained in such form as to be legible and readily available upon the request
of the attending physician, the mental health rehabilitation center staff or
any authorized officer, agency, or employee of either, or any other person
authorized by law to make such request.
(b) Information contained in the clients' records shall be confidential
and shall be disclosed only to authorized persons in accordance with fed-
eral, state and local laws.
(c) If a mental health rehabilitation center ceases operation, the De-
partment shall be informed within three (3) business days by the licensee
of the arrangements made for the safe preservation of the client's health
records.
(d) The Department shall be informed within three business days, in
writing, whenever client records are defaced or destroyed prior to expira-
tion of the required retention period.
(e) If the ownership of the mental health rehabilitation center changes,
both the licensee and the applicant for the new license shall, prior to the
change of ownership, provide the Department with written documenta-
tion stating:
(1) That the new licensee shall have custody of the clients' records and
that these records or copies shall be available to the former licensee, the
new licensee and other authorized persons; or
(2) That other arrangements have been made by the licensee for the
safe preservation and the location of the clients' records, and that they are
available to both the new and former licensees and other authorized per-
sons; or
(3) The reason for the unavailability of such records.
(f) Clients' records shall be current and kept in detail consistent with
good medical and professional practice based on the service provided to
each client. Such records shall be filed and maintained in accordance
with these requirements and shall be available for review by the Depart-
ment. All entries in the record shall be authenticated with the date, name,
and title of the persons making the entry.
Page 22.15
Register 97, No. 34; 8-22-97
§ 784.29
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(g) All current clinical information pertaining to clients' stay shall be
centralized in clients' records.
(h) Clients' records shall be filed in an accessible mannerin the mental
health rehabilitation center or in health record storage. Storage of records
shall provide for prompt retrieval when needed for continuity of care. Re-
cords can be stored off the mental health rehabilitation center premises
only with the prior approval of the Department.
(i) Clients' records shall not be removed from the mental health reha-
bilitation center, except for storage after the client is discharged, unless
expressly and specifically authorized by the Department.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96.
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.28 to new section 784.37, and renumbering and amendment of
former section 784.21 to new section 784.28, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.29. Informed Consent to Medical Treatment.
(a) It is the responsibility of a physician to determine what information
a reasonable person in the client's condition and circumstances would
consider material to a decision to accept or refuse a proposed treatment
or procedure. The disclosure of any material information and obtaining
informed consent shall be the responsibility of the a physician.
(b) Informed consent must include a verbal explanation by a physician
of the client's right to refuse or accept medical treatment. It must include
a written consent form signed by the client indicating the above informa-
tion has been given. The signed consent form is to be obtained and kept
in the client's record as specified in Sections 851 and 852.
(c) No medical treatment may be administered to a client without in-
formed consent except in an emergency situation as defined by Section
853 or circumstances otherwise authorized by law.
(d) The client has the right to accept or refuse the proposed treatment,
and if he or she consents, has the right to revoke his or her consent for any
reason at any time. Licensed mental health professionals or licensed
nursing staff shall verify that the client's health record contains docu-
mentation that the client has given informed consent to the proposed
treatment or procedure.
(e) This section shall not be construed to require obtaining informed
consent each time a treatment or procedure is administered unless materi-
a/ circumstances or risks change.
(f) Treatment may be initiated without informed consent if there is
documentation within the client's health record that an emergency exists
where there is an unanticipated condition in which immediate action is
necessary for preservation of life or the prevention of serious bodily harm
to the client or others or to alleviate severe physical pain, and it is imprac-
ticable to obtain the required consent, and provided that the action taken
is within the customary practice of physicians of good standing in similar
circumstances.
(g) A general consent provision in a contract for admission shall only
encompass consent for routine nursing care or emergency care. Routine
nursing care, as used in this section, means a treatment or procedure that
does not require informed consent as specified in this section, or that is
determined by the physician not to require the disclosure of information
material to the individual client. Routine nursing care includes, but is not
limited to, care that does not require the order of a physician. This section
does not preclude the use of informed consent forms for any specific
treatment or procedure at the time of admission or at any other time. All
consent provisions or forms shall indicate that the client or incapacitated
client's legal representative may revoke his or her consent at any time.
(h) If a client or his or her legal representative cannot communicate
with the physician because of language or communication barriers, the
mental health rehabilitation center shall arrange for an interpreter.
(1 ) An interpreter shall be someone who is fluent in both English and
the language used by the client and his or her legal representative, or
someone who can communicate with a deaf person, if deafness is the
communication barrier.
(2) When interpreters are used, they shall be physically present and
documentation shall be placed in the client record indicating the name of
the person who acted as the interpreter and his or her relationship to the
client and to the mental health rehabilitation center.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.29 to new section 784.38, and renumbering of former section
784.30 to new section 784.29 with amendment of section heading and section,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 784.30. Temporary Medical Client Transfer.
The licensee shall maintain written transfer agreements with health or
other facilities to make the services of those facilities accessible to the
mental health rehabilitation center clients. Complete and accurate client
information, in sufficient detail to provide for continuity of care, shall be
transferred with the client at time of transfer.
(a) When a client is transferred to another facility or setting, the fol-
lowing shall be entered in the client record:
(1) The date, time, condition of the client and a written statement of the
reason for the transfer.
(2) Informed written or telephone acknowledgment of the transfer by
the client or legal representative except in an emergency as provided in
subsection 784.29(f).
NotE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: SecUons 5675 and
5768, Welfare and Institutions Code.
Page 22.16
Register 97, No. 34; 8-22-97
Title 9
Department of Mental Health
§ 78432
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.30 to new secfion 784.29, and renumbering of former section
784.12 to new section 784.30 with amendment of section heading and section,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 784.31 . Cloents' Rights.
(a) Clients served by a mental health rehabilitation center shall have
all the rights guaranteed pursuant to Section 5325 of the Welfare and In-
stitutions Code, a list of which shall be prominently posted in English,
Spanish and any other language representing at least five percent of the
county population in which the mental health rehabilitation center is lo-
cated.
(b) Any denial of clients' rights in a mental health rehabilitation center
must be for good cause and be in accordance with the requirements in-
cluded in Sections 860 through 865.5.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.31 to new section 784.32, and renumbering and amendment of
former section 784.23 to new section 784.31, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.32. Safeguards for Clients' Monies and Valuables.
(a) Each mental health rehabilitation center to whom a clients' monies
or valuables have been entrusted shall comply with the following:
(1) No licensee shall commingle clients' monies or valuables with that
of the licensee or the mental health rehabilitation center. Clients' monies
and valuables shall be maintained separately, intact and free from any li-
ability that the licensee incurs in the use of the licensee's or the mental
health rehabilitation center's funds. The provisions of this section shall
not be interpreted to preclude prosecution for the fraudulent appropri-
ation of clients' monies or valuables as theft, as defined by Section 484
of the Penal Code.
(2) Each licensee shall maintain safeguards and accurate records of cli-
ents' monies and valuables entrusted to the licensee's care including the
maintenance of a detailed inventory and at least a quarterly accounting
of financial transactions made on clients' behalf.
(A) Records of clients' monies which are maintained as a drawing ac-
count shall include a control account for all receipts and expenditures,
supporting vouchers and receipts for all expenditures of monies and valu-
ables entrusted to the licensee, an account for each client and supporting
vouchers filed in chronological order. Each account shall be kept current
with columns for debits, credits and balance. All of these records shall be
maintained at the mental health rehabilitation center for a minimum of
three years from the date of transaction. At no time may the balance in
a client's drawing account be less than zero.
(B) Records of clients' monies and other valuables entrusted to the li-
censee for safekeeping shall include a copy of the receipt furnished to the
client or to the client's authorized representative. Each item of client
property entrusted to the licensee shall be clearly identified as belonging
to that client.
(3) Clients' monies not kept in the mental health rehabilitation center
shall be deposited in a demand trust account in a local bank authorized
to do business in California, the deposits which are insured by the Federal
Deposit Insurance Corporation, or in a federally insured bank or savings
and loan association under a plan approved by the Department. If a facil-
ity is operated by a county, such funds may be deposited with the county
treasurer. All banking records related to these funds, including but not
limited to deposit slips, checks, cancelled checks, statements and check
registers, shall be maintained in the mental health rehabilitation center
for a minimum of three years from the date of transaction. Identification
as a client trust fund account shall be clearly printed on each client's trust
account checks and bank statements.
(4) A separate list shall be maintained for all checks from client funds
which are, or have been, outstanding for 45 days or more as reflected on
the most recent bank statement. Bank statements shall be reconciled
monthly with copies of the reconciliation maintained by the mental
health rehabilitation center. Any checks on such accounts written off or
uncashed shall result in an addition to the appropriate client's account.
(5) Expenditures, for a particular client, from the client fund account
as specified in (3) above may not exceed the drawing right that the client
has in the account. Expenditures from the client fund account shall only
be for the immediate benefit of that particular client. No more than one
month's advance payment for care may be received from a client's ac-
count.
(6) A person, firm, partnership, association or corporafion which is li-
censed to operate more than one mental health rehabilitation center shall
maintain a separate demand trust account as specified in (3) above for
each such mental health rehabilitation center. Records relating to these
accounts shall be maintained at each mental health rehabilitation center
as specified in (2) above. Client funds from one mental health rehabilita-
tion center shall not be mingled with funds from another mental health
rehabilitation center.
(7) When the amount of clients' money entrusted to a licensee exceeds
$500, all money in excess of $500 shall be deposited in a demand trust
account as specified in (3) above unless the licensee provides a fireproof
safe and the licensee desires the protection accorded by Secfion 1 860 of
the Civil Code.
(8) Upon discharge of the client, all money and valuables of that client
which have been entrusted to the licensee and kept within the mental
health rehabilitation center shall be surrendered to the client or authorized
representative in exchange for a signed receipt. Monies in a demand trust
account or with the county treasurer shall be surrendered to the client or
authorized representative in exchange for a signed receipt. Monies in a
Page 22,17
Register 97, No. 34; 8-22-97
§ 784.33
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
demand trust account or with the county treasurer shall be made available
within three (3) normal banking days. Upon discharge, the client or au-
thorized representative shall be given a detailed list of personal property
and a current copy of the debits and credits of the client's monies.
(9) Within 30 days following the death of a client, except in a coroner
or medical examiner case, all money and valuables of that client which
have been entrusted to the licensee shall be surrendered to the person re-
sponsible for the client or to the executor or the administrator of the estate
in exchange for a signed receipt. Whenever a client without known heirs
dies, immediate notice, shall be given by the facility to the public admin-
istrator of the county as specified by Section 7600.5 of the California Pro-
bate Code and documentation of this notice shall be available in the men-
tal health rehabilitation center for review by the Department.
(10) Upon change of ownership of a mental health rehabilitation cen-
ter, there shall be a written verification by a certified public accountant
of all clients' monies which are being transferred to the custody of the
owner(s). A signed receipt for the amount of funds in the client's trust ac-
count shall be given by the new owner to the previous owner.
(11) Upon closure of a mental health rehabilitation center, a written
verification by a public accountant of all clients' funds shall be available
for review by the Department. Each client's funds shall be transferred
with the client.
(b) If property is purchased for use of more than one client, from client
trust funds, the mental health rehabilitation center shall secure a written
agreement between all clients whose funds are used, or their authorized
representatives. The agreement shall expressly acknowledge consent of
all parties and shall provide for disposifion of the property in the event
of disagreements, discharge, transfer or death.
(c) No licensee, owner, program director, employee or their immediate
relative or representative of the aforementioned may act as an authorized
representative of clients' funds or valuables, unless the client is a relative
within the second degree of consanguinity.
(d) The mental health rehabilitation center shall make reasonable ef-
forts to safeguard cUents' property and valuables that are in possession
of the client.
(e) For purposes of this section, clients' funds maintained in a financial
institution shall be deemed to be entrusted to a mental health rehabilita-
tion center if the licensee, or any agent or employee thereof, is an autho-
rized signatory to said account. Records maintained and provided by the
financial institution in accordance with a plan which has obtained the
written approval of the Department, may fulfill the obligation of the men-
tal health rehabilitation center with regard to the maintenance of records
for such funds.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code.
Reference: Sections 5675 and 5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day. ■
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.32 to new section 784.33, and renumbering and amendment of
former section 784.31 to new section 784.32, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.33. Liability for Rent and Return of Rental Advance.
(a) Whenever accommodations in a mental health rehabilitation center
are rented by, or for, a cUent on a month-to-month basis, the renter or his
heir, legatee or personal representative shall not be hable for any rent due
under the rental agreement for accommodations beyond the date on
which the client died.
(b) Any advance of rent by the renter shall be returned to the heir, lega-
tee or personal representative of the client no later than two weeks after
discharge or death of the client.
(c) The rights described in (a) and (b) above shall not be modified or
waived in the rental agreement.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code.
Reference: Secfions 5675 and 5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operafive 10-8-96 (Register96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.33 to new section 787.00, and renumbering of former section
784.32 to new section 784.33, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 784.34. Abuse and Corporal Punishment.
Clients shall not be subjected to verbal or physical abuse of any kind.
Corporal punishment of clients is prohibited. CUents shall not discipline
other clients.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitufions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New secfion refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-2 1-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 784.34 to new section 784.24, and renumbering of former section
784.24 to new section 784.34, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
Page 22.18
Register 97, No. 34; 8-22-97
TStie 9
Department of Mental Health
§ 784.37
§ 784.35. Restraint and Seclysioo.
(a) Restraint and seclusion shall not be used except when necessary to
prevent immediate injury to the person or others, and only when there is
no less restrictive method to prevent injurious behavior. Restraint and se-
clusion shall not be used as punishment or for the convenience of the
staff, or as a substitute for less restrictive alternate forms of treatment.
Clients will be released when they no longer meet the criteria for seclu-
sion or restraint.
(b) Restraint or seclusion shall not be initiated absent the documenta-
tion of a separate justification for each intervention.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.35 to new secfion 784.25, and renumbering of former section
784.25 to new section 784.35, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 784.36. Orders for Restraint and Seclusion.
(a) Restraint or seclusion shall only be used as authorized by the order
of a physician or psychologist within the scope of their license. Those or-
ders shall include the reason for the restraint or seclusion in specific be-
havioral terms, date and time of the order, specific behaviors that would
demonstrate that the person no longer requires seclusion or restraint to
prevent immediate injury to self or others, and the orders may be implem-
ented only within the scope of the license of those implementing the or-
ders.
(1) For restraint, the order shall also include the type of restraint and
the number of points.
(2) Orders for seclusion or restraint shall not exceed 24— hours in dura-
tion.
(b) An order for restraint or seclusion shall be issued only if it is deter-
mined that indication for use of restraint or seclusion outweigh medical
risks to the person.
(c) At the time restraint or seclusion is initiated, or as soon as practical,
but in every case within one (1) hour, information regarding the client's
medical condition, including but not limited to, vital signs, medications,
current medical treatments and any relevant medical circumstances spe-
cific to the client shall be reviewed by an on-duty member of the licensed
nursing staff, or the documentation of the reason(s) it was not safe to con-
duct this evaluation.
(d) In a clear case of emergency, when a physician or psychologist is
not available and reasonable less restrictive behavior interventions have
been attempted or considered, a client may be placed in restraint or seclu-
sion at the discretion of a licensed nursing staff. A confirming telephone
order from a physician or psychologist must be obtained within one (1)
hour of the time of the occurrence.
(e) Orders for restraint and seclusion shall not be written on a standing
or as needed basis.
(f) Telephone orders for restraint or seclusion must be signed and
dated within no longer than five days following the date of issue of the
order.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.36 to new section 787. 10, and renumbering and amendment of
former section 784.27 to new section 784.36, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.37. Restrictions on Applying Restraints and Utilizing
Seclusion.
(a) Every four (4) hours, when a person is secluded or restrained, the
medical director, a physician, a psychologist, a member of the licensed
nursing staff or a licensed mental health professional designated by the
mental health rehabilitation center director, shall in person assess the cli-
ent's clinical condition face-to-face and determine if the client meets the
criteria for continued restraint or seclusion, and whether the indications
for its use outweigh the clinical risks to the person.
(b) As soon as practicable after restraint or seclusion has been initiated
both of the following shall take place and be noted in the client's record;
(1) Reasonable attempts to explain to the client the justification for the
restraint or seclusion and the types of behaviors that would demonstrate
that the client meets the criteria for release.
(2) Inform the client regarding nursing care he or she is entitled to
while in restraint or seclusion, and the manner and frequency of assess-
ment for release.
(c) Client's in restraint or seclusion shall be provided all of the follow-
ing:
(1) Timely and appropriate nursing and medical care and attention to
their physical condition, including vital signs at least once per shift, not
to exceed eight (8) hours, or more often if indicated by the client's condi-
tion.
(2) Regular observation and assessment, which shall include a deter-
mination of whether the client meets the criteria for release by authorized
staff members, at least every 15 minutes.
(3) The observation and assessment shall include face-to-face inter-
action with the client unless the staff member determines that it is inap-
propriate or unnecessary to assure that the client is not in distress.
(4) Regular range of motion exercise of at least 10 minutes every two
(2) hours of restraint. When range of motion is not appropriate, a physi-
cian or a psychologist shall document the reason in the client's record.
(5) The client shall be repositioned when appropriate.
(6) Prompt and appropriate response to all requests made for assis-
tance and services.
(7) Attention to feeding, hydration, bathing, and toileting needs.
(8) A clean and comfortable environment.
Page 22.19
Register 97, No. 34; 8-22-97
§ 784.38
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(d) Tlie client shall be released at the time he or she no longer meets
the criteria for restraint or seclusion.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.37 to new section 787.1 1, and renumbering and amendment of
former secfion 784.28 to new section 784.37, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.38. Restraint and Seclusion — Documentation and
Reporting Policies and Procedures.
(a) Care provided to a client in restraint or seclusion shall be docu-
mented in the client record.
(1 ) The policies and procedures of the mental health rehabilitation cen-
ter shall describe the manner in which this documentation shall be en-
tered in the client record.
(2) Notations, check marks, and flow charts are allowable if the chart
provides opportunity for narrative descriptions by staff, when appropri-
ate, and when sufficient to provide all the necessary information.
(b) The documentation shall include, but not be limited to, all of the
following:
(1) Clinical condition, circulation, condition of limbs, and attention to
hydration, elimination, and nutrition needs.
(2) Behavioral assessments.
(3) Justification for continued use of restraint or seclusion, the types
of behaviors that would facihtate release and evidence that this informa-
tion was communicated to the client, along with his or her response, if
any.
(4) Time placed in and time removed from restraint or seclusion.
(5) 15-minute observations and assessments.
(6) When face-to-face interaction does not occur, documentation of
the reason why that interaction was inappropriate or unnecessary and
what alternative means were used to determine the client was not in dis-
tress.
(c) Quarterly, any facility that uses restraint or seclusion shall report
to the local mental health director or designee, who shall transmit copies
to the Department, all of the following:
(1) The number of restraint or seclusion incidents, or both.
(2) The number of restraint or seclusion incidents according to age,
sex, race and primary diagnosis.
(3) T^he client's age shall be classified as one of the following:
(A) Age 1 8 to 64 years, inclusive, and
(B) Age 65 and over.
(d) Fiacilities that use restraint or seclusion, or both, shall have written
policies and procedures concerning their use. These policies shall in-
clude the standards and procedures for all of the following:
(1) Placement of a person in restraint or seclusion, including a hst of
less restrictive alternatives, the situations in which the use of restraint or
seclusion is to be considered and the physician(s) and psychologist(s)
who can order its use.
(2) Assessment and release, including guidelines for duration of use
of specific behavioral criteria for release.
(3) Provision of nursing care and medical care, including the adminis-
tration of medication.
(4) Procedures for advocate notification regarding any client re-
strained or secluded for more than eight (8) hours.
(5) Provision of staff training.
(e) Facihties that use restraint or seclusion shall implement an over-
sight process to ensure that all incidents of seclusion and restraint are re-
viewed and that any incidents or patterns of use which do not comply
with the mental health rehabilitation center's policies and procedures or
other clinical or legal standards are investigated. This oversight process
shall ensure that appropriate policies and procedures are developed and
implemented, including training of staff. Consumer input into the over-
sight process shall be incorporated.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.38 to new section 787.12, and renumbering and amendment of
former section 784.29 to new secUon 784.38, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.39. Client Capacity.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
Page 22.20
Register 97, No. 34; 8-22-97
Title 9
Department of Mental Health
§ 784.44
•
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.39 to new section 787.27, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.40. Client Rooms.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.4() to new section 787.25, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.41. Client's Property Storage and Room Furnishings.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 1 0-8-96 order filed on 3-2 1 -97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secnon 784.41 to new section 787.26, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.42. Housekeeping.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transniitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.42 to new section 787.13, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.43. Laundry.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transinitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.43 to new section 787.14, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.44. Clean Linen.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1-97 order, including renumbering of for-
mer section 784.44 to new section 784.23, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
Page 22.20(a)
Register 97, No. 34; 8-22-97
§ 784.45
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
§ 784.45. Soiled Linen.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.45 to new section 784.22, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.46. General Maintenance.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operauve 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-10-96 as an emergency; operafi ve 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secuon 784.46 to new secfion 787.15, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§784.47. Air Filters.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Insfitufions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operafi ve 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day. ;
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Cerfificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 784.47 to new section 787.16, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.48. Storage and Disposal of Solid Waste.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitufions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1 . New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Cerfificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 1 2). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 784.48 to new secfion 784.18, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.49. Solid Waste Containers.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 1 2). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 784.49 to new section 784.19, Uansmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.50. Infectious Waste.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
•
•
Page 22.20(b)
Register 97, No. 34; 8-22-97
Tiitlle 9
Department of Mental Health
§784.
•
•
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.50 to new secfion 784.20, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.51 . Water Supply and Plumbing.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of CompUance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.51 to new section 787.17, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.52. Lighting and Power System.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitufions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6i New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 784.52 to new secfion 787.18, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.53. Maintenance Manual.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Cerfificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 784.53 to new section 787.20, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.54. Mechanical Systems.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institufions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institufions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Cerfificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operafive 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 784.54 to new secfion 787.19, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.55. Space.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institufions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1. New secfion filed 8-21-95 as an emergency, operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
Page 22.20(c)
Register 97, No. 34; 8-22-97
§ 784.56
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day. '
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41 ). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Comphance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 784.55 to new section 787.21. transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 784.56. Administrative Policies and Procedures.
NOTE: Authority cited: Sections 5675 and 5768, Welfaie and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transinltted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New. section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transirdtted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including repealer of former sec-
tion 784.56, transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No.
34).
Article 5. Basic Services
§ 785.00. Services — General.
(a) Mental health rehabilitation centers shall provide, at a minimum,
the following basic services; physician, nursing, pharmaceutical, and di-
etary services.
(b) If a service cannot be brought into the mental health rehabilitation
center, the mental health rehabilitation center shall assist the client in ar-
ranging for transportation to and from a service location.
(c) The mental health rehabilitation center shall ensure that all orders,
written by a person lawfully authorized to prescribe, shall be carried out
unless contraindicated.
(d) Each client shall be encouraged and assisted to achieve and main-
tain the highest level of self-care and independence. Every effort shall
be made to keep cHents active, and out of bed for reasonable periods of
time, except when contraindicated by physician's orders.
(e) Each client shall be provided with good nutrition and with neces-
sary fliiids for hydration.
(f) The weight and height of each client shall be taken and recorded in
the client record upon admission, and the weight shall be taken and re-
corded once a month thereafter.
(g) Each client shall be provided visual privacy during treatment and
personal care.
(h) Each client shall be screened for tuberculosis upon admission. The
procedure shall conform with the State Department of Health Services
public health tuberculosis screening standards and requirements. A tu-
berculosis screening may not be required if there is satisfactory evidence
available that a tuberculosis screening has been completed within 90
days prior to thedate of admission to the mental health rehabilitation cen-
ter. Subsequent tuberculosis screening procedures shall be determined
by a physician.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New article 5 and section filed 8-21-95 as an emergency; operative 8-21-95
(Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL
by 2-1 7-95 or emergency language will be repealed by operation of law on the
following day.
2. Editorial correction of History 1 (Register 96, No. 6).
3. New article 5 and section refiled 2-9-96 as an emergency; operative 2-9-96
(Register 96, No. 6). A Certificate of Compliance must be transmitted to OAL
by 6-8-96 or emergency language will be repealed by operation of law on the
following day.
4. New article 5 and section refiled 6-10-96 as an emergency; operative 6-10-96
(Register 96, No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-8-96 or emergency language will be repealed by operation of law on the
following day.
5. New article 5 and section refiled 1 0-8-96 as an emergency; operative 1 0-8-96
(Register 96, No. 41 ). A Certificate of Compliance must be transmitted to OAL
by 2-5-97 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
7. New article 5 and section filed 3-21-97 as an emergency; operative 3-21-97
(Register 97, No. 12). A Certificate of Compliance must be transmitted to OAL
by 7-21-97 or emergency language will be repealed by operation of law on the
following day.
8. Certificate of Compliance as to 3-21-97 order, including amendment of section,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 785.10. Medical Director.
(a) The mental health rehabilitation center shall have a physician des-
ignated as the medical director who shall be responsible for standards,
coordination, surveillance and planning for improvement of medical care
in the mental health rehabilitation center.
(b) The medical director shall:
(1) Act as a liaison between administration and other physicians.
(2) Be responsible for reviewing and evaluating administrative and
client care policies and procedures.
(3) Act as a consultant to the director of nursing service in matters re-
lating to client care services.
(4) Be responsible for reviewing employees' preemployment and an-
nual health examination reports.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1 994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
Page 22,20(d)
Register 97, No. 34; 8-22-97
Title 9
Department of Mental Health
§ 785.12
•
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including amendment of subsec-
tion (a), transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 785.1 1 . PhysBcoan Services — General
(a) Physician services shall be provided by physicians who are under
contract with the mental health rehabilitation center or have been chosen
by the client, or the client' s legal or authorized representative to direct the
client's medical care.
(b) Physician services shall include, but are not limited to:
( 1 ) Client evaluation including a written report of a physical examina-
tion within 72 hours following admission, unless a physical has been
completed within 30 days prior to admission.
(2) An evaluation of the client and review of orders for care and treat-
ment on change of physicians.
(3) Advice, treatment and determination of appropriate level of care
needed for each client.
(4) Written and signed orders for diet, care, diagnostic tests and treat-
ment of clients by others.
(A) Orders for seclusion and restraint shall meet the requirements of
Sections 784.36 and 784.38.
(B) Orders for denial of clients' rights shall meet the requirements of
Sections 784.31.
(5) Health care progress notes and other appropriate entries in the cli-
ent record.
(c) Nonphysician practitioners may be permitted to render those medi-
cal services which they are legally authorized to perform.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6^8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including amendment of sec-
tion, transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 785.12. Mursong Service — General
(a) Licensed nursing staff shall perform the following nursing services
within the scope of their license; services shall include, but not be limited
to, the following:
(1) Planning of client care which shall include at least the identifica-
tion of care needs based upon an initial written and continuing evaluation
of the client's needs with input, as necessary, from health professionals
involved in the care of the client. Initial evaiuation shall commence at the
time of admission of the client and be completed within seven (7) days
after admission.
(2) Implementing of each client's care plan according to the methods
indicated which shall include at a minimum, initial assessment and docu-
mentation, ongoing evaluations and documentation, and preparing for
and attending client care plan conferences.
(3) Ensuring that clients are served the diets as prescribed by physi-
cians.
(4) Obtaining and documenting physician orders for medical care, ap-
pointments and laboratory work-ups or tests, administration of medica-
tions including PRN (pro rae natae) and immediately authorized or emer-
gency (STAT) medications.
(5) Monitoring of cHents' height and weight, and vital signs.
(6) Implementation and evaluation of quality assurance policies and
procedures addressing client care.
(7) Writing, review and sign off of weekly progress notes.
(8) Notifying the physician promptly of:
(A) The admission of a client.
(B) Any sudden marked adverse change in signs, symptoms or behav-
ior exhibited by a client.
(C) An unusual occurrence involving a client, as specified in Section
784.15.
(D) A change in weight of five pounds or more within a 30-day period
unless a different stipulation has been stated in writing by the client's
physician.
(E) Any adverse response or reaction by a client to a medication or
treatment.
(F) Any error in the administration of a medication or treatment to a
client which is life threatening and presents a risk to the client.
(G) The mental health rehabilitation center's inability to obtain or ad-
minister, on a prompt and timely basis, drugs, equipment, supplies or ser-
vices as prescribed under conditions which present a risk to the health,
safety or security of the client.
(H) All attempts to notify physicians shall be noted in the client's re-
cord including the time and method of communication and the name of
the person acknowledging contact, if any. If the physician is not readily
available, arrangements for emergency medical care shall be completed.
(b) Unlicensed staff services that can be provided by either rehabilita-
tion or activity program staff as specified in Sections 786.12(c) and
786.19(a) shall be supervised and monitored by licensed nursing staff,
and may include the following:
(1) Assisting clients with dressing, grooming, bathing and other per-
sonal hygiene related activities.
(2) Taking and recording of clients' height and weight and vital signs.
(3) Assisting clients with getting and eating meals.
(4) Based on established nursing service procedure(s), monitor and re-
port on clients' whereabouts and status when in their room or elsewhere
in the mental health rehabilitation center.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by ^8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must he. transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
Page 22.20(e)
Register 97, No. 34; 8-22-97
§ 785.13
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97. No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transinitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1 -97 order, includins amendment of section,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 785.13. Nursing Service — Administration of Medication
and Treatment.
(a) Medication and treatment shall be adnainistered as follows:
( 1 ) No medication or treatment shall be administered except on the or-
der of a person lawfully authorized to give such order.
(2) Medication and treatment shall be administered as prescribed.
(3) Tests and taking of vital signs, upon which administration of medi-
cation or treatment are conditioned, shall be performed as required and
the results recorded.
(4) Preparation of doses for more than one scheduled administration
time shall not be permitted, except for self-medication in which medica-
tions should be prepared for up to 7 days in advance.
(5) All medication and treatment shall be administered only by h-
censed medical or licensed nursing personnel.
(6) Medication shall be administered as soon as possible, but no more
than two hours after doses are prepared, and shall be administered by the
same person who prepares the doses for administration. Doses shall be
administered within one hour of the prescribed time unless otherwise in-
dicated by the prescriber.
(7) Clients shall be identified prior to administration of a drug or treat-
ment.
(8) Drugs may be administered in the absence of a specific duration of
therapy on a licensed prescriber' s new daig order if the mental health re-
habilitation center applies its stop-order policy for such drugs. The pre-
scriber shall be contacted prior to discontinuing therapy as established by
stop-order policy.
(b) No medication shall shall be used for any client other than the client
for whom it was prescribed.
(c) The time and dose of the medication or treatment administered to
the client shall be recorded in the chent's individual medication record
by the person who administers the drug or treatment. Recording shall in-
clude the date, the time and the dosage of the medication or type of the
treatment. Initials may be used, provided that the signature of the person
administering the medication or treatment is also recorded on the medi-
cation or treatment record.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiied 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiied 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.'
4. New section refiied 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.i
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97 ; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.;
7. Certificate of Compliance as to 3-21-97 order, includine amendment of subsec-
tion (a)(8), transmitted to OAL 7-21-97 and filed 8-2^-97 (Register 97, No.
34).
§ 785.14. Nursing Service — Director of Nursing Service.
(a) The director of nursing service shall be a registered nurse and shall
be employed 40 hours per week.
(b) The director of nursing service shall have at least one year of expe-
rience in nursing supervision within the last five (5) years.
(c) The director of nursing service shall have, stated in writing, adinin-
istrative authority, responsibility and accountability for the nursing ser-
vices within the mental health rehabilitation center and serve only one fa-
cility in this capacity at any one time if the mental health rehabilitation
center is 42 beds or more.
(d) The director of nursing service shall not have charge nurse respon-
sibilities if the mental health rehabiUtation center is 42 beds or more.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiied 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiied 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiied 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1 -97 order, including repealer of former sec-
tion 785.14, and renumbering and amendment of former section 785.17 to new
section 785.14, transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97,
No. 34).
§ 785.15. Nursing Service— Staff.
(a) Nursing service staff shall be employed, present in the mental
health rehabilitation center, awake and on duty in at least the number and
with the qualifications determined by the Department to provide the nec-
essary nursing services for clients admitted for care.
(1) Each mental health rehabilitation center shall provide for the full
time equivalent of nursing staff for the provision of nursing services, as
follows:
(A) At a minimum, one licensed nursing staff awake and on duty in the
mental health rehabilitation center, at all times, day and night.
(B) For mental health rehabilitation centers of 42 beds or more, 0.6
hours of hcensed nursing staff and 0.6 hours of unlicensed staff hours for
each client during each 24— hour period, on a seven day (weekly) basis.
(C) For mental health rehabilitation centers with 41 beds or less, the
number of licensed nursing staff and unlicensed nursing staff hours for
each client shall be provided as specified in (a)(1)(A) above.
(b) Nursing service charge staff on all shifts shall have at least one year
of experience or training related to mental health rehabilitation pro-
grams, or shall participate in in-service training provided by the facility.
(c) A licensed psychiatric technician may:
(1) Serve as a charge nurse.
(2) Administer medications in a mental health rehabilitation program.
Note: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
Page 22.20(f)
Register 97, No. 34; 8-22-97
Titie 9
Department of Mental Health
§785
•
HfSTORY
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6- 1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1-97 order, including repealer of former sec-
tion 785.15, and renumberinc and amendment of former section 785.18 to new
secnon 785.15, transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97,
No. 34).
§ 785.16. DJetetic Service — General.
(a) The total daily diet for clients shall be of the quality and in the quan-
tity to meet the needs of the clients and shall meet the "Recommended
Dietary Allowances", 10th Edition (1989), adopted by the Food and Nu-
trition Board of the National Research Council of the National Academy
of Science, adjusted to the age, activity and environment of the group in-
volved. All food shall be of good quality and be selected, stored, prepared
and served in a safe and healthful manner. The following shall apply:
(1) Airangements shall be made so that each client has available at
least three meals per day. Not more than 14 hours shall elapse between
the last and first meal.
(2) Client food preferences shall be adhered to as much as possible and
shall be from appropriate food groups.
(3) A mental health rehabilitation center shall either purchase, store
and prepare the required food for its clients, or it shall purchase prepared
meals from other appropriate sources, through a written contract.
(4) Between-meal feeding shall be provided as required by a diet or-
der. Bedtime nourishments shall be made available unless contraindi-
cated.
(5) A person shall be designated by the mental health rehabilitation
center director to be responsible for the management and operation of the
food service.
(A) This may be provided by a full-time or part-time employee with
the mental health rehabilitation center, or through a written contract with
an outside supplier or food service.
(B) If this person is not a dietitian, provision shall be made for consul-
tation from a person so qualified, who shall provide this consultation at
least four (4) hours every (3) three months.
(C) If the total food service is by contract, a staff member will be desig-
nated to monitor the operation of the food service within the mental
health rehabilitation center.
(6) If clients participate in food preparation and/or service to the client
population as part of their individual service plan, they shall comply with
the same policies and procedures as those required for food service per-
sonnel.
(7) Supplies of staple foods for a minimum of two days shall be main-
tained on the premises.
(8) The mental health rehabilitation center shall maintain a written
plan to provide clients' food service in emergencies.
(9) Provisions shall be made to provide clients with access to bever-
ages and nourishments at times when the main food service is not in oper-
ation.
(b) All kitchen equipment, fixed or mobile, and dishes shall be kept
clean and maintained in good condition and free from breaks, open
seams, cracks or chips.
(c) All utensils used for eating and drinking and in the preparation of
food and drink shall be clean and sanitized after each usage.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institufions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 1 2). A Certificate of Compliance must be transmitted to OAL by 7-2 1-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785. 16 to new secfion 787.23, and renumbering and amendment of
former section 785.19 to new section 785.16, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.17. Dietetic Service — Therapeutic Diets.
Therapeutic diets shall be provided for each client as prescribed and
shall be planned, prepared and served with supervision or consultation
from the dietitian.
NOTE; Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitufions Code.
History
1. New secfion filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785. 17 to new section 785.14, and renumbering and amendment of
former section 785.20 to new secfion 785.17, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.18. Dietetic Service — (Vlenus.
(a) Menus for regular and therapeutic diets shall be written at least one
week in advance, dated and posted in a conspicuous place in the mental
health rehabilitation center and in the kitchen at least one week in ad-
vance.
(b) All menus shall be approved by the dietician.
Page 22.20(g)
Register 97, No. 34; 8-22-97
§ 785.19
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(c) ]f any meal served varies from the planned menu, the change and
the reason for the change shall be noted in writing on the posted menu in
the kitchen.
(d) Menus shall provide a variety of foods and indicate standard por-
tions at each meal. Menus shall be varied for the same of consecutive
weeks. If a cycle menu is used, the cycle shall be of no less than three
weeks duration and shall be revised quarterly.
(e) Menus shall be adjusted to include seasonal commodities.
(f) Menus shall be planned with consideration of cultural background
and food habits of clients.
(g) A copy of the menu as served shall be kept on file for at least one
year.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operafi ve 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.18 to new section 785.15, and renumbering and amendment of
former section 785.21 to new section 785.18, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§785.19. Dietetic Service— Staff ,
(a) Sufficient staff shall be employed, oriented, trained and their work-
ing hours scheduled to provide for the nutritional needs of the clients and
to maintain the dietetic service areas.
(b) Current work schedules by job titles and weekly time schedules by
job titles shall be posted.
(c) Dietetic service personnel shall be trained in basic food sanitation
techniques, wear clean clothing, and a cap or a hair net, and shall be ex-
cluded from duty when affected by skin infection or communicable dis-
eases. Beards and mustaches which are not closely cropped and neatly
trimmed shall be covered.
(d) Under supervision, clients may assist in cooking/kitchen activities
as part of their skills training program.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day. ■
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6): A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Comphance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785. 1 9 to new section 785. 1 6, and renumbering and ainendment of
former section 785.22 to new section 785.1 9, transmitted to OAL 7-2 1 -97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.20. Pharmaceutical Service — General.
(a) Arrangements shall be made with pharmacists licensed by the Cali-
fornia Board of Pharmacy to ensure that pharmaceutical services are
available to provide clients with prescribed drugs and biologicals.
(b) Dispensing, labeling, storage and administration of drtigs and bio-
logicals shall be in conformance with state and federal laws.
(c) The mental health rehabilitation center shall not accept money,
goods or services free or below cost from any pharmacist or pharmacy
as compensation or inducement for referral of business to any pharmacy.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.20 to new section 785.17, and renumbering and amendment of
former section 785.23 to new section 785.20, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.21 . Pharmaceutical Service — Requirements.
(a) Pharmaceutical service shall include, but not be limited to, the fol-
lowing:
(1) Obtaining necessary drugs including the availability of 24-hour
prescription service on a prompt and timely basis as follows:
(A) Drugs ordered "Stat" that are not available in the mental health re-
habilitation center emergency drug supply shall be available and admin-
istered within one (1) hour of time ordered during normal pharmacy
hours of a local drug store or hospital. For those hours during which a lo-
cal drug store or hospital pharmacy is closed, drugs ordered "Stat" shall
be available and administered within two hours of the time ordered.
Drugs ordered "Stat" which are available in the emergency drug supply
shall be administered immediately.
(B) Anti-infectives and drugs used to treat severe pain, nausea, agita-
tion, diarrhea or other severe discomfort shall be available and adminis-
tered four (4) hours of the time ordered.
(C) Except as indicated above, all new drug orders shall be available
on the same day ordered unless the drug would not normally be started
until the next day.
(D) Refill of prescription drugs shall be available when needed.
(2) Dispensing of drugs and biologicals.
Page 22.20(h)
Register 97, No. 34; 8-22-97
Department of Mental Health
§ 785.23
(3) Monitoring the drug distribution system which includes ordering,
dispensing and administering of medication.
(4) Provision of consultative and other services furnished by pharma-
cists which assist in the development, coordination, supervision and re-
view of the pharmaceutical services witliin the facility.
NOTE: Authority died: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transirutted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.21 to new section 785.18, and renumbering and amendment of
former section 785.24 to new section 785.21 , transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.22. Pharmaceutical Service — Labeling and Storage
of Drugs.
(a) Containers which are cracked, soiled or without secure closures
shall not be used. Drug labels shall be legible.
(b) All drugs obtained by prescription shall be labeled in compliance
with state and federal laws governing prescription dispensing. No person
other than the dispenser of the drug shall alter any prescription label.
(c) Nonlegend drugs shall be labeled in conformance with state and
federal food and drug laws.
(d) Test reagents, germicides, disinfectants and other household sub-
stances shall be stored separately from drugs and shall not be accessible
to clients.
(e) External use drugs in liquid, table, capsule or powder form shall be
stored separately from drugs for internal use.
(f) Drugs shall be stored in appropriate temperatures. Drugs required
to be stored at room temperature shall be stored at a temperature between
150c (59°F) and 30°C (86°F). Drugs requiring refrigeration shall be
stored in a refrigerator between 20C (36°?) and 80C (46°?). When drugs
are stored in the same refrigerator with food, the drugs shall be kept in
a closed container clearly labeled "drugs."
(g) Drugs shall be stored in an orderly marmer in cabinets, drawers or
carts of sufficient size to prevent crowding.
(h) Dose preparation and administration areas shall be well lighted.
(i) Drugs shall be accessible only to personnel designated in writing
by the licensee.
(j) Storage of nonlegend drugs at the bedside shall meet the following
conditions:
(1) The manner of storage shall prevent access by other clients. Lock-
able drawers or cabinets need not be used unless alternate procedures, in-
cluding storage on a client's person or in an unlocked drawer or cabinet,
are ineffective.
(2) The mental health rehabilitation center shall record in the client's
health record the bedside medications used by the client, based on obser-
vation by nursing personnel and/or information supplied by the client.
(3) The quantity of each drug supplied by the client for bedside storage
shall be recorded in the health record each time the drug is so supplied.
(k) Storage of legend drugs at the bedside shall meet the conditions of
(a) through (j) above, and shall in addition:
(1) Be specifically ordered by the prescriber of the drugs, and
(2) Be limited to sublingual or inhalation forms of emergency drugs.
(/) Drugs shall not be kept in stock after the expiration date on the label
and no contaminated or deteriorated drugs shall be available for use.
(m) The daigs of each client shall be kept and stored in their originally
received containers. No drug shall be transferred between containers.
(n) Discontinued drug containers shall be marked, or otherwise identi-
fied, to indicate that the dmg has been discontinued, or shall be stored in
a separate location which shall be identified solely for this purpose. Dis-
continued drugs shall be disposed of within 90 days of the date the drug
order was discontinued, unless the drug is reordered within that time.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.22 to new section 785. 19, and renumbering and amendment of
former section 785.25 to new section 785.22, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.23. Pharmaceutical Service — Stop Orders.
Written policies shall be established and implemented Umiting the du-
ration of new drug orders in the absence of a prescriber' s specific indica-
tion for duration of therapy. The prescriber shall be contacted for new or-
ders prior to the termination time established by the policy. These
poUcies shall include all categories of drugs.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Institudons Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
Page 22.20(i)
Register 97, No. 34; 8-22-97
§ 785.24
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.23 to new section 785.20, and renumbering of former section
785.26 to new section 785.23, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 785.24. Pharmaceutical Service — Orders for Drugs.
(a) No drugs shall be administered except upon the order of a person
lawfully authorized to prescribe for and treat human illness.
(b) All drug orders shall be written, dated, and signed by the person
lawfully authorized to give such an order. The name, quantity or specific
duration of therapy, dosage and time or frequency of administration of
the drug, and the route of administration if other than oral shall be specif-
ic. "P.R.N." order shall also include the indication for use of a drug.
(c) Verbal orders for drugs and treatments shall be received only by
licensed nurses, psychiatric technicians, pharmacists, physicians, physi-
cians' assistants from their supervising physicians only, and certified re-
spiratory therapists when the orders relate specifically to respiratory
care. Such orders shall be recorded immediately in the client's health re-
cord by the person receiving the order and shall include the date and time
of the order. The order shall be signed by the prescriber within five days.
(d) The signing of orders shall be by signature or a personal computer
key. Signature stamps shall not be used.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be ^pealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.24 to new section 785.21 , and renumbering of former section
785.27 to new section 785.24, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 785.25. Pharmaceutical Service — Drug Order
Processing.
Signed orders for drugs shall be transmitted to the issuing pharmacy
within 48 hours, either by written prescription of the prescriber or by an
order form which produces a direct copy of the order, or by an electroni-
cally reproduced facsimile.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Institutions Code.
' History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or erhergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.25 to new section 785.22, and renumbering of former secdon
785.28 to new secfion 785.25, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 785.26. Pharmaceutical Service — Personal Medications.
(a) Facilities shall maintain a record which includes, for each drug or-
dered by prescription, the name of the client, the dnig name, and strength,
the date ordered, the date and amount received and the name of the issu-
ing pharmacy. The records shall be kept at least one year.
(b) Medications brought by or with the client on admission to the men-
tal health rehabilitation center shall not be used unless the contents of the
containers have been examined and positively identified after admission
by the cUent' s physician or a pharmacist retained by the mental health re-
habilitation center.
(c) The mental health rehabilitation center may use daigs transferred
from other licensed facilities or those drugs dispensed or obtained after
admission from any licensed or governmental pharmacy and may accept
the dehvery of those drugs by any agency of the client or pharmacy with-
out the necessity of identification by a physician or pharmacist.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secdon refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operadon of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operadon of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.26 to new secdon 785.23, and renumbering and amendment of
former section 785.29 to new section 785.26, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.27. Pharmaceutical Service — Controlled Drugs.
(a) Drugs listed in Schedules II, III, and IV of the Federal Comprehen-
sive Drug Abuse Prevention and Control Action of 1970 shall not be ac-
cessible to other than licensed nursing, pharmacy and medical personnel
designated by the licensee. Drugs listed in Schedule II of the above Act
shall be stored in a locked cabinet or a locked drawer, separate from non-
controlled drugs, unless they are supplied on a scheduled basis as part of
a unit dose medication system.
(b) Separate records of use shall be maintained on all Schedule II
drugs. Such records shall be maintained accurately and shall include the
name of the client, the prescription number, the drug name, strength and
Page 22.20(j)
Register 97, No. 34; 8-22-97
Tiitle 9
Department of Mental Health
§ 785.29
•
dose administered, the date and time of administration and the signature
of the person administering the drug. Such records shall be reconciled at
least daily and shall be retained at least one year. If such drugs are
supplied on a scheduled basis as part of a unit dose medication system,
such records need not be maintained separately.
(c) Drug records shall be maintained for drugs listed in Schedules III
and IV of the above Act in such a way that the receipt and disposition of
each dose of any such drug may be readily traced. Such records need not
be separate from other medication records.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1 994. Reference: Sections 5675 and
5768, Welfaie and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.27 to new section 785.24, and renumbering of former section
785.30 to new section 785,27, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 785.28. Pharmaceutical Service — Disposition of Drugs.
(a) Drugs which have been dispensed for individual client use and are
labeled in conformance with state and federal law for outpatient use shall
be furnished to clients on discharge on the orders of the discharging phy-
sician. If the physician's discharge orders do not include provisions for
drug disposition, drugs shall be furnished to clients unless:
(1) The discharging physician specifies otherwise, or
(2) The client leaves or is discharged without a physician's order, or
approval, or
(3) The client is discharged to a general acute care hospital, acute psy-
chiatric hospital, or acute care rehabilitation hospital, or
(4) The drug was discontinued prior to discharge, or
(5) The labeled directions for use are not substantially the same as most
current orders for the drug in the client's health record.
(b) A record of the drugs sent with the client shall be made in the cli-
ent's health record.
(c) Client's drugs supplied by prescription which have been discontin-
ued and those which remain in the mental health rehabilitation center af-
ter discharge of the client shall be destroyed by the mental health rehabili-
tation center in the following manner:
(1) Drugs listed in Schedules II, III or IV of the Federal Comprehen-
sive Drug Abuse Prevention and Control Act of 1970 shall be destroyed
by the facility in the presence of a pharmacist and a registered nurse
employed by the mental health rehabilitation center. The name of the ch-
ent, the name and strength of the drug, the prescription number, the
amount destroyed, the date of destruction and the signatures of the wit-
nesses required above shall be recorded in the chent's health record or
in a separate log. Such log shall be retained for at least three (3) years.
(2) Drugs not listed under Schedules II, III or IV of the Federal Com-
prehensive Drug Abuse Prevention and Control Act of 1970 shall be de-
stroyed by the mental health rehabilitation center in the presence of a
pharmacist or licensed nurse. The name of client, the name and strength
of the drug, the prescription number if applicable, the amount destroyed,
the date of destruction and the signatures of the person named above and
one other person shall be recorded in the client's health record or in a sep-
arate log. Such log shall be retained for at least three (3) years.
(d) Unless otherwise prohibited under applicable federal or state laws,
individual client drugs supplied in sealed containers may be returned if
unopened, to the issuing pharmacy for disposition provided that:
(1) No drugs covered under the Federal Comprehensive Drug Abuse
Prevention and Control Act of 1 970 are returned.
(2) All such drugs are identified as to lot or control number.
(3) The signatures of the receiving pharmacist and a registered nurse
employed by the mental health rehabilitation center are recorded in a sep-
arate log which lists the name of the client, the name, strength, prescrip-
tion number (if applicable), the amount of the drug returned and the date
of return. The log must be retained for at least three (3) years.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.28 to new section 785.25, and renumbering of former section
785.31 to new secfion 785.28, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 785.29. Pharmaceutical Service — Unit Dose Medication
System.
In facilities utilizing a unit dose medication system, there shall be at
least a 24-hour supply of client medications on hand at all times, except
those drugs that are to be discontinued within the 24-hour period. Drugs
that are part of a unit dose medication system shall not exceed a 30 day
supply.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and InsUtufions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institufions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 1 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
Page 22.20(k)
Register 97, No. 34; 8-22-97
§ 785.30
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
6. New, section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Ceitificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.29 to new section 785.26, and renumbering and amendment of
former section 785.32 to new section 785.29, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.30. Pharmaceutical Service— Staff.
(a) Mental health rehabilitation centers shall retain a consulting phar-
macist who devotes a sufficient number of hours during a regularly
scheduled visit, for the purpose of coordinating, supervising and review-
ing the pharmaceutical service committee, or its equivalent, at least quar-
terly. The report shall include a log or record of time spent in the mental
health rehabilitation center. There shall be a written agreement between
the pharmacist and the mental health rehabilitation center which includes
duties and responsibilities of both.
(b) A pharmacist shall review the drug regimen of each client at least
monthly and prepare appropriate reports. The review of the drug regimen
of each client shall include all drugs currently ordered, information con-
cerning the client's condition relating to drug therapy, medication ad-
ininistration records, and where appropriate, physician's progress notes,
nurse's notes, and laboratory test results. The pharmacists shall be re-
sponsible for reporting, in writing, irregularities in the dispensing and ad-
ministration of drugs and other matters relating to the review of the drug
regimen to the mental health rehabilitation center director and director of
the nursing service.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Comphance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97 ; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Comphance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 785.30 to new section 785.27, and renumbering and amendment of
former section 785.33 to new section 785.30, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.31 . Pharmaceutical Service — Equipment and
Supplies.
(a) There shall be adequate equipment and supplies necessary for the
provision of pharmaceutical services within the mental health rehabilita-
tion center including at least the following:
(1) Refrigerator with an accurate thermometer.
(2) Lockable drug cabinets, drawers, closets or rooms.
(3) Drug service trays and/or carts.
(4) Drug preparation counter area and convenient water source.
(5) Reference materials containing drug monographs on all drugs in
use in the facility. Such monographs shall include information concern-
ing generic and brand names, if applicable, available strengths and dos-
age forms and pharmacological data including indications and side ef-
fects. :
(b) Emergency supplies shall be readily available to each nursing sta-
tion. Emergency drug supplies shall meet the following requirements:
(1) Legend drugs shall not be stored in the emergency supply, except
under the following conditions:
(A) Injectable supplies of legend drugs shall be limited to a maximum
of three single doses in ampules or vials or one container of the smallest
available multi-dose vial and shall be in sealed, unused containers.
(B) Sublingual or inhalation emergency drugs shall be hmited to single
sealed containers of the smallest available size.
(C) Not more than 24 emergency drugs in solid, oral dosage form or
suppository dosage form may be stored, if in sealed containers. Not more
than four doses of any one drug may be so stored.
(2) The emergency drug supply shall be stored in a portable container
which is sealed in such a manner that the tamper-proof seal must be bro-
ken to gain access to the drugs. The director of nursing service or charge
nurse shall notify the pharmacist when drugs have been used from the
emergency kit or when the seal has been broken. Drugs used from the kit
shall be replaced within 72 hours and the supply resealed by the pharina-
cist.
(3) The contents of the supply shall be listed on the outside of the con-
tainer.
(4) The supply shall be checked at least monthly by the pharmacist.
(5) Separate records of use shall be maintained for drugs administered
from the supply. Such records shall include the name and dose of the drug
administered, name of the client, the date and time of administration and
the signature of the person administering the dose.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operadve 8-21-95 (Register 95,
No. 34). A Certificate of Comphance must be transmitted to OAL by 2-1 7-95
or emergency language will be repealed by operafion of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register96,
No. 41). A Certificate of Comphance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.31 to new section 785.28, and renumbering and amendment of
former section 785.34 to new section 785.31, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.32. Pharmaceutical Service — Unit Dose Medication
System.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institufions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
•
Page 22.20(1)
Register 97, No. 34; 8-22-97
Title 9
Department of Mental Health
§ 786J
•
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Coinpliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 1 2).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 785.32 to new section 785.29, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 785.33. Pharmaceutical Service— Staff.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 785.33 to new secfion 785.30, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
Pharmaceutical Service — Equipment and
ses.
§ 785.34.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitufions Code.
History
1. New secfion filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operafive 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operafion of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 785.34 to new secfion 785.31, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
Article 6. Required! Programs
§ 786.00. Program Requirements — General.
(a) Mental health rehabilitation centers shall have the capability of
providing, at a minimum, a rehabilitation and activity program as speci-
fied in these regulations.
(b) The objective shall be to provide a rehabilitation and activity pro-
gram aimed at improving the adaptive functioning of persons with men-
tal disabilities to enable clients to move into a less restrictive environ-
ment while preventing regression to a lower level of functioning.
(c) Orientation and in-service training of staff members to assist them
in the recognition and understanding of the emotional problems, social
needs of clients, and the means for taking appropriate action. Utilization
of available community resources and services, including the purpose
and value of the participation of consumers and family members, should
be included in the orientation.
(d) The mental health rehabilitation center shall comply with all re-
quirements of its approved Plan of Operation and any approved, specific
alternate requirement which shall govern the operation of the program
notwithstanding the provisions of any other regulations contained in this
subchapter.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institufions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Insfitufions Code.
History
1. New article 6 and section filed 8-21-95 as an emergency; operative 8-21-95
(Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL
by 2-17-95 or emergency language will be repealed by operation of law on the
following day.
2. Editorial correction of History 1 (Register 96, No. 6).
3. New article 6 and section refiled 2-9-96 as an emergency; operative 2-9-96
(Register 96, No. 6). A Certificate of Compliance must be Uansmitted to OAL
by 6-8-96 or emergency language will be repealed by operation of law on the
following day.
4. New article 6 and secfion refiled 6-10-96 as an emergency; operative 6-10-96
(Register 96, No. 24). A Certificate of Comphance must be transmitted to OAL
by 10-8-96 or emergency language will be repealed by operafion of law on the
following day.
5. New article 6 and section refiled 10-8-96 as an emergency; operafive 10-8-96
(Register 96, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-5-97 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
7. New article 6 and secfion filed 3-21-97 as an emergency; operafive 3-21-97
(Register 97, No. 12). A Certificate of Compliance must be transmitted to OAL
by 7-2 1-97 or emergency language will be repealed by operation of law on the
following day.
8. Certificate of Compliance as to 3-21-97 order, including amendment of subsec-
fion (c), repealer of subsection (d), subsecfion relettering, and amendment of
newly designated subsection (e), transmitted to OAL 7-21-97 and filed
8-21-97 (Register 97, No. 34).
§786.10. Rehabilitation Program — Services.
(a) The program shall include services designed to assist persons con-
sidered seriously disabled due to a mental illness to develop skills to be-
come self-sufficient and capable of increasing levels of independent
functioning in the community. The services in this program shall include,
but not be limited to, clinical treatment which includes psychiatric and
psychological services, learning disability assessment and educational
services, prevocational and vocational counseling, development of inde-
pendent living skills, self-help and social skills, and community outreach
to develop linkages with other support and service systems, including
family members.
(b) All services shall be client centered, in recognition of varying indi-
vidual goals, diverse needs, concerns, strengths, motivations, and disabi-
lities.
(c) The program shall emphasize the participation of clients in all as-
pects of the program including, but not limited to, individual treatment/
service planning, program design and evaluation.
Page 22.20(m)
Register 97, No. 34; 8-22-97
§ 786.11
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(d) Stnictured day and evening services shall consist of, at a minimum,
an average of fourteen (14) specific rehabilitation service hours and
seven (7) activity program hours per week for each client, and shall be
available seven (7) days a week. Services shall include, but not be limited
to:
(1) Individual and group counseling or therapy.
(2) Crisis intervention.
(3) Pre-vocational or vocational counseling.
(4) Provision of educational services and remediation.
(5) Client advocacy, including assisting clients to develop their own
advocacy skills.
(6) Independent living skills.
(7) Money management.
(8) Self-control and symptom management.
(9) Sex education.
(10) Self-medication education.
(11) Personal grooming and hygiene.
(12) An activity program that encourages socialization within the pro-
gram and general community, and that assists linking the cHent to re-
sources which are available after leaving the program
(e) Consultative resources shall be used, including consumer and fam-
ily members, in the planning and organization of rehabilitation services
for persons with mental disabilities, incorporating discharge planning in-
tended to enable the client to function and gain independence.
Note-. Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operatior\ of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-2 1-97 order, including amendment of subsec-
tions (a) and (d), transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97,
No. 34).
§ 786.1 1 . Rehabilitation Program — Admission
Requirements.
(a) The mental health rehabilitation center shall have an admission
agreement, signed by the client or authorized representative, describing
the services to be provided and the expectations and rights of the client
regarding program rules, client empowerment and involvement in the
program, and fees. The client shall receive a copy of the signed admission
agreement.
(b) There shall be an initial written assessment of each client within
fifteen (15) days of admission, unless a similar assessment has been done
by the referring agency within thirty (30) days prior to admissions to the
mental health rehabilitation center. The assessment shall include, at a
minimurh:
(1) Health and psychiatric histories.
(2) Psychosocial skills.
(3) Social support skills.
(4) Current psychological, education, vocational and other functional
needs and/or limitations.
(5) Medical needs, as reported.
(6) Self control and symptom management.
(7) The signature of a licensed mental health professional.
(c) Each client admitted shall have a comprehensive individual mental
health evaluation within 30 days of admission, signed by a licensed men-
tal health professional upon completion.
Note. Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 41 ). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transnutted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secdon filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operafion of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including amendment of subsec-
tions (a) and (b) and new subsecfion (c), transmitted to OAL 7-21-97 and filed
8-21-97 (Register 97, No. 34).
§ 786.12. Rehabilitation Program— Staff.
(a) Licensees are required to provide additional mental health profes-
sional, administrative or supportive personnel whenever the Department
determines, through a written evaluation, that additional personnel are
needed to provide for the health, safety and rehabilitation needs of cli-
ents.
(b) Interdisciplinary Professional Staff: The mental health rehabilita-
tion center shall provide either through direct employment or by contrac-
tual arrangement, an interdisciplinary professional staff to develop and
implement a specialized rehabilitation program and services, and to pro-
vide specific expertise to the program staff, and to provide direct client
services.
(1) The interdisciplinary professional staff shall be composed of at
least two of the following disciplines:
(A) Psychologist.
(B) Social Worker.
(C) Marriage, Family and Child Counselor.
(D) Occupational Therapist.
(E) Mental Health Rehabilitation Specialist.
(F) Program Director as specified in Section 786.13(d).
(G) Licensed Nursing Staff.
(H) Any other related discipline approved by the Department
(2) Each member of the professional staff shall have a minimum of one
(1) year of experience or training in a mental health setting.
(3) In addition to other staffing requirements, a licensed mental health
rehabilitation facility which provides a rehabilitation services program
shall provide interdisciplinary professional staff as required in (b) above,
in accordance with the following schedule:
(A) For faciUties having an average of 41 or fewer clients per week,
a minimum of 24 hours per week of interdisciplinary professional staff
time.
(B) For facilities having an average of 42 or more clients per week, a
minimum of 48 hours per week of interdisciplinary professional staff
time.
Page 22,20(n)
Register 97, No. 34; 8-22-97
Department of Mental Health
§ 786.14
(c) Program staff shall include only those full or part time employees
of the mental health rehabilitation center whose duties and responsibili-
ties include the treatment, counseling or supervision of the mental health
rehabilitation center's program population.
(1) At a minimum, all program staff shall have graduated from high
school or possess a General Equivalency Diploma (GED) and have a
minimum of two (2) years of full-time experience, or its part-time equiv-
alent, working in a mental health program serving persons with severe
and persistent mental disabilities. Such experience shall be in the direct
provision of services to a program's identified clients or residents. A
bachelors degree with a major in psychology, social work or behavioral
sciences may be substituted for the two (2) years of full-time work expe-
rience or its part-time equivalent.
(A) Persons who have been consumers of mental health services may
be utilized in the program when consistent with program design and ser-
vices provided, and (c)(1) above.
(B) Program staff shall be employed and on duty in at least the number
and with the qualifications determined by the Department to provide the
required rehabilitation services.
(2) The mental health rehabilitation center shall provide at least one ( 1 )
hour of program staff time for each five (5) hours of rehabilitation ser-
vices provided for each client.
(d) Program staff time shall not include the program director, interdis-
ciplinary professional staff, director of nursing service or nursing staff.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate ofCompliance as to 3-21-97 order, including repealer of former sec-
tion 786.12 and renumbering and amendment of former section 786.13 to new
section 786.12, transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97,
No. 34).
§ 786.13. RehaboSitatoon Program — Program Director.
(a) The mental health rehabilitation center shall have a program direc-
tor who meets the requirements of Section 782.40. The program director
shall not be the director of nursing service or a charge nurse.
(b) The program director shall also have at least two years experience
or training in a mental or training setting, one year of which shall include
experience or training in program development for persons with severe
and persistent mental disabilities.
(c) The program director shall ensure that an in-service education pro-
gram is provided.
(d) The program director may be included and counted as a member
of interdisciplinary professional staff in mental rehabilitation centers
with 41 or fewer beds.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate ofCompliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate ofCompliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate ofCompliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate ofCompliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate ofCompliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate ofCompliance must be transmitted to OAL by 7-2 1-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate ofCompliance as to 3-21-97 order, including renumbering of for-
mer secfion 786.1 3 to new section 786.12, and renumbering and amendment of
former section 786. 14 to new section 786.1 3, transmitted to OAL 7-2 1-97 and
filed 8-21-97 (Register 97, No. 34).
§ 786.14. Rehabilitation Program — In-Service Education.
(a) The mental health rehabilitation center shall provide to all rehabili-
tation and activity staff an average of fifty two (52) hours per year of on-
going, planned academic and on-the-job in-service education. The edu-
cation shall include, but not be Hmited to, the following:
(1) Client-centered approach as to addressing the needs and goals of
persons with mental disabilities.
(2) Principles and practices of psychosocial rehabilitation and com-
munity support, including self-help, peer support and family involve-
ment.
(3) Cultural competence.
(4) Interpersonal relationships and communication skills.
(5) Confidentiality of client information.
(6) Preservation of client dignity, including provision of privacy.
(7) Client rights and civil rights.
(8) Conflict resolution.
(9) Prevention and control of infections.
(10) Fire prevention and safety.
(11) Accident prevention and safety measures.
(12) Choking prevention and intervention.
(13) Sex education.
(14) Use of unlicensed staff.
(b) In addition to (a) above, all direct service staff shall have training
in cardiopulmonary resuscitation.
(c) The mental health rehabilitation center shall maintain a record of
the in-service education. This record shall include the signature of staff
in attendance, the number of hours, the date and the subjects covered.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate ofCompliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate ofCompliance must be transmitted to OAL by ^8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate ofCompliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate ofCompliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
Page 22.20(o)
Register 97, No. 34; 8-22-97
§ 786.15
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 786. 1 4 to new section 786. 1 3, and renumbering and amendment of
former secfion 786. 13 to new section 786.14, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 786.15. Rehabilitation Program— Individual Service Plan
and Documentation Requirements.
(a) The written individual service plan shall be prepared within 30
days following admission by the program director or a staff member that
is a licensed mental health professional, and shall include, but not be lim-
ited to, the following:
(1 ) Specific goals and measurable objectives, the staff and client's re-
sponsibilities for their achievement.
(A) Statement of specific treatment/rehabilitation needs and goals.
(B) The individual service plan shall indicate the services to be pro-
vided, the objectives to be accomplished, and the staff responsible for the
provision of each service.
(C) The objectives shall be measurable, with time frames, and shall be
reviewed and updated at least monthly.
(b) There shall be weekly progress notes in the record for each client
which shall include notes written by members of the program staffer in-
terdisciplinary professional staff providing rehabilitation services to the
client. The notes shall be a general review of weekly progress.
(c) Documentation of reviews by staff and clients of the individual ser-
vice plan on at least a monthly basis.
(1) Clients shall be involved in an on-going review of progress to-
wards goal attainment and in the planning and evaluation of their treat-
ment/rehabilitation goals.
(2) Anticipated length of stay for the client in the mental health rehabil-
itation center needed to accomplish identified goals, and methods to eval-
uate the achievement of these goals.
(d) There shall be a review and updating of the individual service plan
as necessary but at least quarterly, and more often if there is a change in
the client's condition.
(1) The quarterly review shall include a reevaluation which shall be a
summary of the progress of the client in the rehabilitation program, the
appropriateness of identified needs, client goals and objectives and the
success of the plan.
(2) The chent should be present at the quarterly review and if agreed
to by the client, family members may be notified and attend the quarterly
review.
(e) The service plan shall be approved by the program director or a li-
censed mental health professional, and signed by the client.
(f) Prior to discharge, there shall be a written discharge summary pre-
pared by the staff which shall include an outline of services provided,
goals accomplished, reason and plan for discharge, and referral follow-
up plans.
(g) At least every four (4) months, the mental health rehabilitation cen-
ter in conjunction with the local mental health director or designee, shall
reassess each chent to determine the need for continued placement of the
client in the mental health rehabilitation center.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
! History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or erriergency language will be repealed by operation of law on the following
day.
2. New, section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6^8-96 or
emergency language will be repealed by operafion of law on the foUowing day.
3. New section refiled 6-1 0-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Ceitificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 786. 1 5 to new section 786. 14, and renumbering and amendment of
former secfion 786.16 to new section 786.15, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§786.16. Rehabilitation Program — Equipment.
There shall be sufficient equipment, assistive devices and supplies
available to implement the treatment/rehabilitation program ordered or
indicated for meeting the mental and emotional needs of clients.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41 ). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 786.16 to new section 786.15, and renumbering of former section
786.17 to new section 786.16, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 786.17. Activity Program — General.
An activity program shall be staffed and equipped to encourage the
participation of each client and to meet the activity needs and interests of
each client.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 1 0-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
Page 22.20(p)
Register 97, No. 34; 8-22-97
Department of Mental Health
§ 786,20
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 786.17 to new section 786.16. and renumbering of former .section
786.19 to new section 786.17, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 786.18. Activity Program — Requirements.
(a) Clients shall be encouraged to participate in activities planned to
meet their individual assessed needs. An activity program shall have a
written, planned schedule of social and other purposeful independent or
group activities. The program shall be designed to stimulate and support
physical and mental capabilities to the fullest extent, and to enable the cli-
ent to maintain the highest attainable social, physical and mental func-
tioning.
(b) The activity program shall consist of individual activities, and
small and large group activities to which family members shall be in-
vited, if agreed to by the client, which are designed to meet the needs and
interests of each client and which shall include, but are not limited to:
(1) Social activities.
(2) Indoor and outdoor activities.
(3) Supervised activities away from the facility.
(4) Opportunity for client involvement for planning and implementa-
tion of the activity program.
(5) Creative activities.
(6) Educational activities.
(7) Exercise activities.
(8) Opportunity for client involvement in religious programs.
(9) Client government.
(c) Activities shall be available on a daily basis.
(d) There shall be an activity coordinator, who meets the requirements
of Section 782.11 and shall:
( 1 ) Develop and implement the activity program under the supervision
of the program director.
(2) Coordinate the activity schedule with other client services.
(3) Post the activity schedule conspicuously, in large visible print, for
the information of clients and staff
(4) Maintain age appropriate equipment and supplies in sufficient
quantity.
(5) Develop and maintain contacts with community agencies and or-
ganizations.
(6) Maintain progress notes specific to the leisure and activity needs
of the clients, at least quarterly, and more frequently if needed, in the cli-
ent record.
(7) Maintain a current record of the type of frequency of activities pro-
vided and the names of clients participating in each activity.
(e) Where appropriate, the activity coordinator may recruit, train and
supervise a volunteer program to assist with, and augment, services of the
activity program.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transinitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 786. 18 to new secfion 787.22, and renumbering and amendment of
former section 786.20 to new section 786.1 8, transmitted to OAL 7-2 1-97 and
filed 8-21-97 (Register 97, No. 34).
§ 786.19. Activity Program— Staff.
(a) Activity staff with appropriate training and experience shall be
available to meet the needs and interest of clients.
(1) At a minimum, all activity staff shall have graduated from high
school or possess a General Equivalency Diploma (GED) and have a
minimum of two (2) years of full-time experience, or its part-time equiv-
alent, working in a mental health program serving persons with mental
disabilities. Such experience shall be in the direct provision of services
to a program's identified clients or residents. A bachelors degree with a
major in psychology, social work or behavioral sciences may be substi-
tuted for the two (2) years of full-time work experience or its part-time
equivalent.
(A) Persons who have been consumers of mental health services may
be utilized in the activity program when consistent with program design
and services provided, and (a)(]) above.
(2) The mental health rehabilitation center shall provide at least one ( 1 )
hour of activity program staff time for each seven (7) hours of activity
programs provided to each client.
(b) An activity director shall be designated by and be responsible to the
program director.
(1) Be an occupational therapist, art therapist, music therapist, dance
therapist, or recreation therapist.
(2) Have two (2) years of experience in a social or recreational pro-
gram within the past five (5) years, one (1) year of which was full-time
in client activities and programs in a mental health setting.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Institufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transtnitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operafive 6-10-96 (Register96,
No. 24). A Certificate of Comphance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 786. 1 9 to new section 786. 1 7, and renumbering and amendment of
former section 786.21 to new section 786.19, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 786.20. Activity Program — Equipment and Supplies.
Each mental health rehabilitation center shall provide equipment and
suppHes for both independent and group activities and for clients having
special interests.
Page 22.20(q)
Register 97, No. 34; 8-22-97
§ 786.21
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
NOTE; Authority cited: Sections 5673 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfaie and Institutions Code.
History
1 . New section filed 8-21-95 as an emergency; operative 8-2 1-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96.
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day. ,
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 786.20 to new secfion 786. 1 8, and renumbering and amendment of
former section 786.22 to new section 786.20, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 786.21 . Activity Program— Staff.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Insfitufions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institudons Code.
History
1. New secfion filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operafive 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer secfion 786.21 to new section 786.19, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 786.22. Activity Program— Equipment and Supplies.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Insfitutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Institudons Code.
History
1. New secfion filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or ertiergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New Secfion refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or eniergency language will be repealed by operation of law on the following
day. J
4. New secfion refiled 10-8-96 as an emergency; operafive 10-8-96 (Register 96,
No. 4!l). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 786.22 to new section 786.20, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 786.23. Activity Program— Space.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Insfitufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitufions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Cerdficate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secdon refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operafion of law on the following day.
3. New section refiled 6-10-96 as an emergency; operafive 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operafive 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secdon filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 786.23 to new section 787.24, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
Article 7. Physical Plant
§ 787.00. Fire Safety.
(a) The licensee shall be responsible for maintaining the mental health
rehabilitation center in conformity with the regulations adopted by the
State Fire Marshal for the prevention of fire and for the protection of life
and property against fire and panic. The licensee shall also secure and
maintain a clearance relative to health safety from the State Fire Marshal
in order to comply with the requirements for participation in the Federal
Medicare and California's Medi-Cal programs.
(b) Clients shall not be permitted to smoke in the mental health reha-
bilitation center.
(1) The mental health rehabilitation center shall provide designated
outside areas for smoking.
(A) Clients shall be permitted to smoke only in the designated areas.
(B) The designated area shall be under the periodic observation of
mental health rehabilitation center personnel.
(2) "No Smoking" signs shall be posted in prominent locations within
the mental health rehabilitation center.
(c) Smoking or open flames shall not be permitted in any space where
oxygen cylinders are stored or where oxygen is in use. Such space shall
be identified by prominently posted "No Smoking" or "No Open Flame"
signs.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1. New secdon filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Conipliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
Page 22.20(r)
Register 97, No. 34; 8-22-97
Title 9
Department of Mental Health
§ 787.13
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operafive 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including amendment of article
heading, renumbering of former section 787.00 to new section 788.00, and re-
numbering and amendment of former section 784.33 to new section 787.00,
transmitted to OAL 7-21-97 and filed 8-21-97 (Register 97, No. 34).
§ 787.10. Alterations to Existing Buildings or New
Construction.
(a) Alterations to existing buildings or new construction shall be in
conformance with the California Building Standards Code, Title 24, Cal-
ifornia Code of Regulations and requirements of the State Fire Marshal.
(b) Mental health rehabilitation centers licensed and in operation prior
to the effective date of changes to applicable law or regulations shall not
be required to institute corrective alterations or construction in order to
comply with such new requirements. Any mental health rehabilitation
center for which preliminary or working drawings and specifications
have been approved by the Department prior to the effective date of
changes to construction regulations shall not be required to comply with
such new requirements provided substantial actual construction is com-
menced within one year of the effective date of such new requirements.
(c) All mental health rehabilitation centers shall maintain in operating
condition all buildings, fixtures and spaces in the numbers and types as
specified in the construction requirements under which the facility or unit
was first licensed.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Comphance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Comphance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New secfion filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Comphance as to 3-21-97 order, including renumbering of for-
mer section 787.10 to new section 788.1 0, and renumbering and amendment of
former section 784.36 to new section 787.10, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 787.1 1 . Space Conversion.
Space approved for specific use at the time of licensure shall not be
converted to other use without the approval of the Department.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Insututions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Instilufions Code.
History
1 . New secfion filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New secfion refiled 6-10-96 as an emergency; operative 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New secfion refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 1 0-8-96 order filed on 3-2 1 -97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 787.11 to new secfion 788.11, and renumbering of former section
784.37 to new secfion 787.11, transmitted to OAL 7-21-97 and filed 8-21-97
(Register 97, No. 34).
§ 787.12. Notice to Department.
The Department shall be notified in writing, by the owner or licensee
of the mental health rehabilitation center, within five (5) days of the com-
mencement of any construction, remodeling or alterations to the mental
health rehabilitation center.
NOTE: Authority cited: Secfions 5675 and 5768, Welfare and Insfitufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1. New section filed 8-21-95 as an emergency; operafive 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New secfion refiled 2-9-96 as an emergency; operafive 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 787. 12 to new section 788. 12, and renumbering and amendment of
former section 784.38 to new section 787.12, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§787.13. Housekeeping.
(a) Each mental health rehabilitation center shall routinely clean ar-
ticles and surfaces such as furniture, floors, walls, ceilings, supply and
exhaust grills and lighting fixtures.
(b) Schedules and procedures shall be posted which indicate the areas
of the facility which shall be cleaned daily, weekly or monthly. The
cleaning schedules and procedures shall be implemented.
(c) Cleaning supplies and equipment shall be available to housekeep-
ing staff. Such cleaning supplies and equipment shall meet the following
requirements:
(1) Cleaning supplies and equipment shall be stored in rooms for
housekeeping use only.
Page 22.20(s)
Register 97, No. 34; 8-22-97
§ 787.14
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(2) A commercial detergent germicide shall be used for all cleaning.
(3) Mop heads shall be removable and changed at least daily.
(d) Housekeeping personnel shall be employed to maintain the interior
of the mental health rehabilitation center in a safe, clean, orderly and at-
tractive manner free from offensive odors.
(e) Janitor closets, service sinks and storage areas shall be clean and
maintained to meet the needs of the facility.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section fded 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3 . New section refiled 6- 1 0-96 as an emergency; operati ve 6-1 0-96 (Register 96,
No. 24). A Certificate of Compliance must be transinitted to OAL by 10-8-96
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 10-8-96 as an emergency; operative 1 0-8-96 (Register 96,
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-.5-97
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to ] 0-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed 3-21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 787. 1 3 to new section 788.1 3, and renumbering and amendment of
former section 784.42 to new section 787.13, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§787.14. Laundry.
(a) When a mental health rehabilitation center operates its own laun-
dry, the laundry areas shall be:
(1) Located in relationship to other areas so that steam, odors, lint and
objectionable noises do not reach client or personnel areas.
(2) Adequate in size, well-lighted, ventilated to meet the needs of the
mental health rehabilitation center, and be kept clean and sanitary.
(3) Laundry equipment shall be kept in good condition, maintained in
a sanitary condition, and have a suitable capacity.
(b) Laundry areas shall have, at a minimum, the following:
(1) Separate rooms for the storage of clean linen and soiled linen.
(2) Handwashing and toilet facilities maintained at locations conve-
nient for laundry personnel.
(3) Separate linen carts labeled "soiled" or "clean" linen and con-
structed of washable materials which shall be laundered or suitably
cleaned as needed to maintain sanitation.
(c) Written procedures for handling, storage, transportation and pro-
cessing of linens shall be posted in the laundry and shall be implemented.
(d) If the mental health rehabihtation center does not maintain a laun-
dry service, the commercial laundry utilized shall meet the standards of
this section.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. New section filed 8-21-95 as an emergency; operative 8-21-95 (Register 95,
No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-95
or emergency language will be repealed by operafion of law on the following
day.
2. New section refiled 2-9-96 as an emergency; operative 2-9-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL by 6-8-96 or
emergency language will be repealed by operation of law on the following day.
3. Newsection refiled 6-10-96 as an emergency; operative 6-10-96 (Register 96,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-8-96
or ernergency language will be repealed by operation of law on the following
day.^
4. New section refiled 10-8-96 as an emergency; operative 10-8-96 (Register 96.
No. 41). A Certificate of Compliance must be transmitted to OAL by 2-5-97
or emergency language will be repealed by operafion of law on the following
day.
5. Certificate of Compliance as to 10-8-96 order transmitted to OAL 2-5-97; dis-
approved by OAL and order of repeal as to 10-8-96 order filed on 3-21-97
(Register 97, No. 12).
6. New section filed .V21-97 as an emergency; operative 3-21-97 (Register 97,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-97
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-21-97 order, including renumbering of for-
mer section 787.13 to new section 788.14, and renumbering and amendment of
former secfion 784.43 to new secfion 787.14, transmitted to OAL 7-21-97 and
filed 8-21-97 (Register 97, No. 34).
§ 787.15. General Maintenance.
(a) The mental health rehabilitation center, including the grounds,
shall be maintained in a clean and sanitary condition and in good condi-
tion at all times to ensure safety and well-being of clients, staff and visi-
tors.
(b) Buildings and grounds shall be free of environmental pollutants
and such nuisances as may adversely affect the health or welfare of cli-
ents to the extent that such conditions are within the reasonable control
of the mental health rehabilitation center.
(c) All buildings, fixtures, equipment and spaces shall be maintained
in operable condition.
(d) Personnel shall be employed to provide preventive maintenance
and to carry out the required maintenance program.
(e) Equipment provided shall meet all applicable California Occupa-
tional Safety and Health Act requirements in effect at the time of pur-
chase. All portable electrical medical equipment designed for 110-120
volts, 60 hertz current, shall be equipped with a 3 wire-grounded power
cord with a hospital-grade 3 prong plug. The cord shall be an integral part
of the plug.
(f) The mental health rehabilitation center shall be maintained free
from vermin and rodents through operation of a pest control program.
The pest control program shall be conducted in the main client buildings,
all outbuildings on the property and all grounds.
NOTE; Authority cited: Secfions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
I. Renumbering and amendment of former secfion 784.46 to new section 787.15
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§787.16. Air Filters.
(a) The licensee shall be responsible for regular inspection, cleaning
or replacement of all filters installed in heating, air conditioning and ven-
tilating systems, as necessary to maintain the systems in normal operat-
ing condition.
(b) A written record of inspection, cleaning or replacement, including
static pressure drop, shall be maintained and available for inspection. The
record shall include a description of the filters originally installed, the
American Society of Heating, Refrigeration and Air Conditioning Engi-
neers (ASHRAE) efficiency rating and the criteria established by the
manufacturer or supplier to determine when replacement or cleaning is
necessary.
(c) Following filter replacement or cleaning, the installation shall be
visually inspected for torn media and by-pass in filter frames by means
of a flashlight or equivalent, both with fans in operation and stopped.
Tears in filter media and by-pass in filter frames shall be eliminated in
accordance with the manufacturer's directions and as required by the De-
partment.
(d) Where a filter maintenance is performed by an equipment service
company, a certification shaU be provided to the licensee that the require-
ments hsted in this section have been accommodated.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitufions Code;
Secfion 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
Page 22.20(1)
Register 97, No. 34; 8-22-97
Title 9
Department of Mental Health
§ 787o22
History
1. Renumbering of former section 784.47 to new section 787.16 filed 8-21-97;
operative 8-21-97 (Register 97, No. 34).
§ 787.1 7. Water Supply and Plumbing.
(a) Where water for human consumptioti is from an independent
source, it shall be subjected to bacteriological analysis by the local health
Department or a licensed commercial laboratory at least every three
months. A copy of the most recent laboratory report shall be available for
inspection.
(b) Plumbing, drainage facilities, and drinking water supplies shall be
maintained in compliance with Part 5, Title 24, California Code of Regu-
lations, Basic Plumbing Requirements.
(c) Vacuum breakers shall be maintained in operating condition where
required by Part 5, Title 24, California Code of Regulations.
(d) Hot water temperature controls shall be maintained to automatical-
ly regulate temperature of hot water delivered to plumbing fixtures used
by clients to attain a hot water temperature in compliance with Part 5,
Title 24, California Code of Regulations.
(e) Minimum hot water temperature shall be maintained at the final
rinse section of dishwashing facilities as required by Part 5, Title 24, Cali-
fornia Code of Regulations, unless alternate methods are approved by the
Department.
(f) Taps delivering water at or above the state temperatures shall be in
compliance with requirements specified in Part 5, Title 24, California
Code of Regulations. Special precautions shall be taken to prevent the
scalding of clients.
(g) Grab bars, readily accessible to clients, shall be maintained at each
toilet, bathtub and shower used by clients.
(h) Toilet, handwashing and bathing faciUties shall be maintained in
operating condition and in the number and types specified in construction
requirements in effect at the time the building or unit was constructed.
Those handwashing facilities listed in Part 5, Title 24, California Code
of Regulations, shall not be equipped with aerators.
(i) If the mental health rehabilitation center accepts physically handi-
capped clients, the water closets, bathing and toileting appliances shall
be equipped for use by the physically handicapped.
NOTE; Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering and amendment of former section 784.51 to new section 787.17
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§ 787.18. Lighting and Power System.
(a) All rooms, attics, basements, passageways, and other spaces shall
be provided with artificial illumination, as set forth in Part 3, Title 24,
California Code of Regulations.
(b) All client rooms shall have a minimum of 30 foot candles of light
delivered to reading or working surfaces and not less than 20 foot candles
of light in the rest of the room.
(c) All accessible areas of corridors, storerooms, stairways, ramps, ex-
its and entrances shall have a minimum of 20 foot candles of light.
(d) Auxiliary lighting and power facilities shall be provided as re-
quired by Part 3, Title 24, California Code of Regulations. Flashlights
shall be in readiness for use at all times. Open-flame type of light shall
not be used.
(e) The licensee shall provide and maintain an emergency electrical
system in safe operating condition and in compliance with subsections
(d), (e) and (f). The system shall serve all lighting, signals, alarms and
equipment required to permit continued operation of all necessary func-
tions of the mental health rehabilitation center for a minimum of six
hours.
(f) If the Department determines that an evaluation of the emergency
electrical system of a mental health rehabilitation center or portion there-
of is necessary, the Department may require the licensee to submit a re-
port by a registered electrical engineer which shall establish a bias for al-
teration of the system to provide reasonable compliance with Part 3, Title
24, California Code of Regulations. Essential engineering data, includ-
ing load calculations, assumptions and tests, and, where necessary, plans
and specifications, acceptable to the Department, shall be submitted in
substantiation of the report. When corrective action is determined to be
necessary, the work shall be initiated and completed within an acceptable
time limit.
(g) The emergency lighting and power system shall be maintained in
operating condition to provide automatic restoration of power for emer-
gency circuits within ten seconds after normal power failure.
(h) Emergency generators shall be tested at least every 14 days under
full load condition for a minimum of 30 minutes.
(i) A written record of inspection, performance, exercising period, and
repair of the emergency electrical system shall be maintained on the
premises and available for inspection by the Department.
Note: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering and amendment of former section 784.52 to new section 787.18
filed 8-21-97; operafive 8-21-97 (Register 97, No. 34).
§ 787.19. Mechanical Systems.
Heating, air conditioning and ventilating systems shall be maintained
in normal operating conditions to provide a comfortable temperature and
shall meet the requirements of Part 4, Title 24, California Code of Regu-
lations.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering of former section 784.54 to new section 787.19 filed 8-21-97;
operative 8-21-97 (Register 97, No. 34).
§ 787.20. Maintenance Manual.
(a) A written manual on maintenance of heating, air conditioning and
ventilation systems shall be adopted by each mental health rehabilitation
center.
(b) A log shall be utilized to document maintenance work performed.
(c) When maintenance is performed by an equipment service compa-
ny, a certification shall be provided to the licensee that the required work
has been performed in accordance with acceptable standards. This certi-
fication shall be retained on file in the mental health rehabilitation center
for review by the Department.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering and amendment of former section 784.54 to new section 787.20
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§ 787.21 . Space.
Space located in the mental health rehabilitation center or internally
connected to a licensed mental health rehabilitation center shall be con-
sidered a part of the mental health rehabilitation center and shall be sub-
ject to Hcensing regulations.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering and amendment of former section 784.55 to new section 787.21
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§ 787.22. Rehabilitation Program — Space.
(a) The rehabilitation program shall have identified program or service
areas in order to provide at least the required program services.
(b) Indoor and outdoor areas shall be designated for rehabilitation pro-
gram services.
NOTE: Authority cited: Secrions 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
Page 22,20(u)
Register 97, No. 34; 8-22-97
§ 787.23
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
History
]. Renumbering and amendment of former section 786.18 to new section 787.22
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§ 787.23. Nursing Service — Space.
(a) A nursing station shall be maintained in each nursing unit or build-
ing.
(b) Each nursing station shall have a cabinet, a desk, space for records,
a bulletin board, a telephone and a specifically designated and well illu-
minated medication storage compartment with a lockable door. If a sepa-
rate medication room is maintained, it shall have a lockable door and a
sink with water connections for care of equipment and for handwashing.
NOTE: Authority cited: Sections 5675 and 5768, Welfai^e and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering and amendment of former section 785.16 to new section 787.23
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§ 787.24. Activity Program— Space.
(a) Each mental health rehabilitation center shall provide a designated
activity area which meets the independent and group activity needs of cH-
ents. Such areas shall be of sufficient size to accommodate necessary
equipment and permit unobstructed movement of wheelchair and ambu-
latory clients or personnel responsible for instruction and supervision.
(b) Storage space for equipment and supplies shall be provided and
shall be maintained in a clean and orderly manner.
NOTE: Authority cited: Sections 5675 and 5768, Welfai-e and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering and amendment of former section 786.23 to new section 787.24
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§ 787.25. Client Rooms.
(a) Each client's room shall be labeled with a number, letter or combi-
nation of the two for identification.
(b) Clients' rooms shall not be locked except for rooms approved by
the Department for seclusion of clients.
(c) Only upon the written approval of the Department shall an exit
door, corridor door, yard enclosure or perimeter fences be locked to
egress.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . Renumbering and amendment of former section 784.40 to new section 787.25
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§ 787.26. Client's Property Storage and Room Furnishings.
(a) Each client room shall be provided with a closet or locker space for
clothing, toilet articles and other personal belongings.
(b) For each licensed bed there shall be provided:
(1 ) A clean comfortable bed with an adequate mattress, sheets, pillow,
pillow case and blankets, all of which shall be in good condition, and con-
sistent with individual client needs.
(2) A night stand, chair, and reading light, all of which shall be in good
condition.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering of former section 784.41 to new section 787.26 filed 8-21-97;
operative 8-21-97 (Register 97, No. 34).
!
§ 787.27. Client Capacity.
(a) A mental health rehabilitation center shall not have more clients or
beds set up for use than the number for which it is licensed except in case
of emergency when temporary permission may be granted by the Direc-
tor or designee.
(b) Clients shall not be housed in areas which have not been approved
by the Department for client housing and which have not been given a fire
clearance by the State Fire Marshal except as provided in (a) above.
(c) The number of licensed beds shown on a hcense shall not exceed
the number of beds for which the mental health rehabilitation center
meets applicable constaiction and operational requirements.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1 . Renumbering and amendment of former section 784.39 to new secfion 787.27
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
Article 8. Citations and License Revocation
§ 788.00. Definitions.
(a) The following definitions shall apply to this article:
(1 ) Substantial probability means that the likehhood of an event is real,
actual and not imaginary, insignificant or remote.
(2) Physical harm means that type of dangerous bodily injury, illness
or condition in which:
(A) A part of the body would be permanently removed, rendered func-
tionally useless or substantially reduced in capacity, either temporarily
or permanently and/or;
(B) A part of an internal function of the body would be inhibited in its
normal performance to such a degree as to temporarily or permanently
cause a reduction in physical or mental capacity or shorten hfe.
(3) Direct relationship means one in which a significant risk or effect
is created and does not include a remote or minimal risk or effect.
NOTE: Authoiity cited: Sections 5675 and 5768, Welfare and Institufions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Insfitutions Code.
History
1. New article 8 heading (sections 788,00-788.14) and renumbering of former sec-
tion 787.00 to new secfion 788.00 filed 8-21-97; operative 8-21-97 (Register
97, No. 34).
§ 788.1 0. Filing of Names and Addresses.
(a) The licensee of each mental health rehabilitation center shall file
with the Department the address of the licensee to whom all license cita-
tions and revocations shall be mailed by the Department.
(b) Each licensee shall also designate one or more persons who is au-
thorized to accept, on the licensee's behalf, any license citations and re-
vocations to be served by any representative of the Department.
(c) Each hcensee shall file with the Department the names or titles of
those persons who are such designees of the licensee.
(d) Each licensee shall also file with the Department a written notice
of any change in address or of any change of designee. The Department
shall mail all license citations and revocations to the latest address on file
with the Department.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Insfitutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Secfions 5675 and
5768, Welfare and Insfitutions Code.
History
] . Renumbering and amendment of former secfion 787.10 to new secfion 788.10
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§ 788.1 1 . Issuance of Revocation and License Citations.
(a) Each citation shall be in writing and shall include at least the fol-
lowing:
(1) The earliest feasible time for the elimination of the condition con-
stituting the noncompliance with regulations of this chapter. Such time
shall be the shortest possible time within which the licensee reasonably
can be expected to comply with the regulations. In prescribing such time,
the Department shall consider the following factors:
(A) The risk of physical harm to clients or staff because of the alleged
noncompliance.
(B) The number of clients affected.
Page 22.20(v)
Register 97, No. 34; 8-22-97
Title 9
Department of Mental Health
§8C
(C) The availability of required equipment or personnel.
(D) The estimated time required for delivery, and any installation of
required equipment.
(E) Any other relevant circumstances.
(2) The Department shall require a plan describing the corrective mea-
sures that the hcensee will take to remedy the conditions that caused the
issuance of the citation(s).
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
I. Renumbering and amendment of former section 787.1 1 to new section 788.11
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§ 788.12. CondJtoons of Revocation of License.
(a) The Department may revoke a license for noncompliance with the
provisions of this chapter. In establishing the conditions for imposing re-
vocation, the Department shall consider:
(1) the gravity of the noncompliance which shall include:
(A) The degree of substantial probability that death or physical harm
to the client would result and, if applicable, did result from the noncom-
pliance.
(B) The severity of serious physical harm to a client or guest which was
likely to result and, if applicable, that did result, from the noncompliance.
(C) The extent of noncompliance with the provisions of the applicable
statutes or regulations.
(2) Mitigating circumstances, which shall include awareness of the
applicable statutes and regulations and reasonable diligence in comply-
ing with such requirements, prior accomplishments manifesting the li-
censee's desire to comply with such requirements, and any other mitigat-
ing factors in favor of the licensee.
(3) Any previous license citations and revocations committed by the
Hcensee.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering of former section 787.12 to new section 788.12, including
amendment of section heading and section, filed 8-21-97; operative 8-21-97
(Register 97, No. 34).
§ 788.13. Appeal of Revocation.
The licensee may appeal any license citations or revocations imposed
by submitting a written appeal to the Director within 30 calendar days of
the issuance of a citation. The Director shall respond to the appeal within
60 calendar days. If an appeal is denied, the licensee may request a cita-
tion review conference.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering and amendment of former section 787.13 to new section 788.13
filed 8-21-97; operative 8-21-97 (Register 97, No. 34).
§ 788.14. License Revocation and Citation Review
Conference.
(a) At a citation review conference:
(1) The licensee shall have the right to be represented by legal counsel,
or a person of the licensee's choosing, to prevent oral or written informa-
tion on the licensee's behalf, and to explain any mitigating circum-
stances.
(2) The representatives of the Department who issued the citation
should attend the conference and present information, oral or written, in
substantiation of the alleged noncompliance.
(3) The conference shall be an informal proceeding, and shall not be
conducted in the manner of a judicial hearing or as a hearing under the
Administrative Procedure Action (Chapter 5 [commencing with Section
11500] of Part 1 of Division 3 of Title 2 of the Government Code), and
need not be conducted according to technical rules relating to evidence
and witnesses.
(4) Neither the licensee nor the Department shall have the right to sub-
poena any witness to attend the conference, to record testimony at the
conference, nor to formally cross-examine any person testifying at the
conference. However, the licensee and the Department may present any
witness on its behalf at the conference.
NOTE: Authority cited: Sections 5675 and 5768, Welfare and Institutions Code;
Section 3 of Chapter 678 of the Statutes of 1994. Reference: Sections 5675 and
5768, Welfare and Institutions Code.
History
1. Renumbering of former section 787.14 to new section 788.14, including
amendment of section heading and section, filed 8-21-97; operative 8-21-97
(Register 97, No. 34).
Chapter 4. Community Mental Health
Services Under the Lanterman-Petris-Sh«
Act
Article 1o Application
§ 800. Application of Subchapter.
Subchapter 4 shall apply to community mental health services as pro-
vided for in the Lanterman-Petris-Short Act of part 1 of division 5 of the
Welfare and Institutions Code.
NOTE: Authority cited: Section 5400, Welfare and Institutions Code. Reference:
Sections 5000 through 5401, Welfare and Institutions Code. Additional authority
cited: Section 5750, Welfare and Institutions Code.
History
1. New subchapter 4 (sections 800, 801, 810-812, 820-822, 830) filed 7-24-68
and designated effective on the 6 1 st day after final adjournment of 1968 Regular
Session of the Legislature (Register 68, No. 28).
•
[The next page is 22.21.]
Page 22.20(w)
Register 97, No. 34; 8-22-97
Title 9
Department of Mental Health
§8:
2. Repealer of subchapter 4 and new subchapter 4 (sections 800, 801, 810-812,
820, 821, 821.1, 822, 823, 830) filed 5-21-69; desienated effective 7-1-69
(Register69, No. 21).
3. Editorial correction of printing error in chapter 4 heading (Register 91, No. 30).
§8011. Section Headings.
History
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
Definitions and General
Provisions
§810. Act
"Act" means the Lanterman-Petris-Short Act, Division 5, Part I
(commencing with Section 5000 of the Welfare and Institutions Code).
NOTE; Authority cited: Section 5400, Welfare and Institutions Code. Reference:
Section 5000, Welfare and Institutions Code.
History
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
§811.
"Department" means the State Department of Mental Health.
NOTE: Authority cited: Sections 4012 and 5400, Welfare and Institutions Code.
Reference: Chapter 1252, Statutes of 1977.
History
1. Amendment filed 6-29-73 as an emergency; designated effective 6-30-73
(Register 73, No. 26).
2. Certificate of Compliance filed 10-24-73 (Register 73, No. 43).
3. Amendment filed 6-30-78 as an emergency; designated effective at 1 1 :59 p.m.
on 6-30-78 (Register 78, No. 26).
4. Certificate of Compliance transmitted to OAH 10-27-78; filed 10-31-78 (Reg-
ister 78, No. 44).
§812. Shall and May.
As used in this subchapter, "shall" is mandatory and "may" is per-
missive.
§ 813. Mental Disorder.
NOTE: Authority cited: Section 5400, Welfare and Instimtions Code. Reference:
Sections 5150, 5200 and 5250, Welfare and Institutions Code.
History
1. New section filed 6-29-71; effective thirtieth day thereafter (Register 71, No.
27). For history of former Sections 813 and 814, see Register 70, No. 50.
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
fcle 3a Facilities
§820.
Designation by Board of Supervisors.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 821. Approval of Facilities.
Any facility designated by the board of supervisors of a county for
evaluation and treatment pursuant to Articles 1 and 2 of Chapter 2, Part
1, Division 5 of the Welfare and Institutions Code, is subject to approval
of the Department. Such a facility shall be approved by the Department
if it meets the requirements of Chapter 3 of this title for inpatient services.
NOTE: Authority cited: Sections 5400 and 5404, Welfare and Institutions Code.
Reference: Secfions 5150, 5202, 5366.1, 5400 and 5404, Welfare and Institutions
Code.
History
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
2. Change without regulatory effect amending section filed 3-25-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 13).
§ 821 .1 . Approval of Persons or Agencies for Prepetition
Screening.
Any person or agency designated by the board of supervisors of a
county under Section 5202 of the Act to provide prepetition screening is
subject to the approval of the Department. Such person or agency shall
be approved by the Department only if the person or agency is working
under the direction of the Director of Local Mental Health Services or a
physician designated by the Director of Local Mental Health Services or
social worker as defined in Section 624 or 625 designated by the Director
of Local Mental Health Services.
NOTE; Authority cited: Sections 5202 and 5400. Welfare and Institutions Code.
Reference: Section 5202, Welfare and Institutions Code.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Change without regulatory effect (Register 88, No.3).
§ 822. Professional Person in Charge of a Facility.
As used in the Act, ' 'professional person in charge of a facility' ' means
a person as defined in Section 623, 624, 625, 626, or 627 of this Chapter
who is designated by the governing board of the facility or other agency
or person having control of the facility as the professional person chnical-
ly in charge of the facility for purposes of the Act. The designation shall
be in writing.
NOTE: Authority cited: Sections 5600.5, 5750 and 5751 , Welfaie and Institutions
Code. Reference: Sections 5150, 5152.1, 5154, 5208, 5251, 5254. 5254.1, 5257,
5258, 5264, 5267, 5268, 5275, 5301, 5326, 5328(k), 5328.3, 5328.4, 5328.6,
5328.8, 5352, 5352.3, 5352.5 and 5366.1, Welfare and Institutions Code.
History
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
2. Change without regulatory effect correcting internal cites filed 1 0-27-88 (Reg-
ister 88, No. 45).
3. Amendment filed 1 1-28-88; operative 12-28-88 (Register 89, No. II).
§ 823. Attending Staff.
"Attending staff" under section 5150 of the Act means any person
having responsibility for the care and treatment of the patient, as desig-
nated by the Local Mental Health Director, on the staff of an evaluation
facility designated by the county.
§ 824. Facilities for Inebriates and Alcoholics.
History
1 . New section filed 3-16-73 as an emergency; effective upon filing (Register 73,
No. 11).
2. Certificate of Compliance filed 7-12-73 (Register 73, No. 28).
3. Repealer filed 4-9-82; effective thirtieth day thereafter (Register 82, No. 15).
§ 825. Calculation of Evaluation and Treatment Period.
As of January 1, 1979, all facihties that are designated as 72-hour
evaluation and treatment facihties pursuant to Section 5150 of the Wel-
fare and Institutions Code must count Saturdays, Sundays, and holidays
as part of the 72-hour period unless exempted by the Department.
NOTE: Authority cited: Section 5151, Welfare and Institutions Code. Reference:
Section 5151, Welfare and Institutions Code.
History
1. New section filed 12-29-78 as an emergency; designated effective 1-1-79
(Register 78, No. 52).
2. Certificate of Compliance filed 5-16-79; transmitted to OAH 4-24-79 (Regis-
ter 79, No. 20).
§ 825.1. Exemption Requests.
Facilities wishing to be exempted from this requirement must apply
through the Local Mental Health Director who shall submit a written re-
quest to the Department requesting such exemption.
NOTE: Authority cite: Secfion 5151, Welfare and Institutions Code. Reference:
Section 5151, Welfare and Insfitufions Code.
History
1. New section filed 12-29-78 as an emergency; designated effecfive 1-1-79
(Register 78, No. 52).
2. Certificate of Compliance filed 5-16-79: transmitted to OAH 4-24-79 (Regis-
ter 79, No. 20).
§ 825.2. Exemption Request Requirements.
The request shall include the following information:
(a) The identity of the facility for which the exemption is requested;
(b) The reason(s) that evaluation and treatment services cannot be
made available on Saturdays, Sundays, and holidays. If the reason relates
Page 22.21
Register 2003, No. 13; 3-28-2003
§ 825.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
to staffing, there shall be included a statement explaining normal staffing
standards pursuant to Article 10 of Subchapter 3 on days when evaluation
and treatment services are provided and why such staffing is not available
on Saturdays, Sundays, and holidays.
(c) A description of the efforts the facility has made and will make to
provide evaluation and treatment services on Saturdays. Sundays, and
holidays.
NOTE: Authority cited: Section 5151, Welfare and Institutions Code. Reference:
Section 5151, Welfare and histitulions Code.
History
1. New section filed 12-29-78 as an emergency; designated effective 1-1-79
(Register 78. No. 52).
2. Certificate of Compliance filed 5-16-79; transmitted to OAH 4-24-79 (Regis-
ter 79, No. 20).
§ 825.3. Certification of Exemptions.
The Department will either certify that the facility cannot reasonably
provide evaluation and treatinent services on Saturdays, Sundays, and
holidays or deny such certification. If granted, the certification shall be
effective for two years unless revoked in accordance with Section 825.4.
NOTE: Authority cited: Secfion 5151, Welfare and Insfitutions Code. Reference:
Section 5151, Welfare and Institufions Code.
History
1. New section filed 12-29-78 as an emergency; designated effective 1-1-79
(Register 78, No. 52).
2. Certificate of Compliance filed 5-16-79; transmitted to OAH 4-24-79 (Regis-
ter 79, No. 20).
§ 825.4. Reapplication for or Revocation of Certification.
If certification is denied a facility, the Local Mental Health Director
may reapply for certification at any time. In addition, prior certifications
exempting facilities may be revoked by the Department upon a finding
that the facility can reasonably be expected to provide such services and
after written notice and opportunity for the facility to respond has been
given.
NOTE: Authority cited: Section 5151, Welfare and Insfitutions Code. Reference:
Secfion 5151, Welfare and Insfitufions Code.
History
1. New section filed 12-29-78 as an emergency; designated effecfive 1-1-79
(Register 78, No. 52).
2. Certificate of Compliance filed 5-16-79; transmitted to OAH 4-24-79 (Regis-
ter 79, No. 20).
§ 829. Mental Health Treatment Facility.
NOTE: Authority cited: Sections 1500 and 1851, Probate Code. References: Sec-
tions 1500 and 1851, Probate Code and division 5, part 1, chapter 2 and chapter
3. Welfare and Institutions Code.
History
1. New section filed 5-31-79; effecfive July 1, 1979 (Register 79, No. 22).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Secfion
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 4. Conservatorship
§ 830. Conservatorship.
: History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Secfion
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 5. Patients' Rights: Convulsive
Treatment and Psychosurgery
!
§ 835.i General Provision.
Any! person, without regard to where that person is treated, shall have
the right to refuse convulsive treatment, insulin coma treatment, prefron-
tal sonic treatment, and psychosurgery, except as otherwise provided by
statute |or regulation. In addition, any administration of these treatments
or performance of psychosurgery, wherever administered or performed,
shall be performed only by a physician licensed to practice in the State
of California, and shall be subject to the regulations contained in this Ar-
ticle.
NOTE: Authority cited: Secfions 5325(g), 5326.95 and 5400, Welfare and Insfitu-
tions Code. Reference: Secfions 5325(f), 5325. l(i), 5326.6, 5326.7, 5326.75 and
5326.85, Welfare and Institutions Code.
History
1 . New Article 5 (Secfions 840-845) filed 4-30-74; effective thirtieth day thereaf-
ter (Register 74, No. 18).
2. Order of Repeal of Article 5 (Secfions 840-845) filed 6-3-85 by OAL pursuant
to Government Code Section 11 349.7; effecfive thirtieth day thereafter (Regis-
ter 85, No. 26).
3. New Article 5 (Sections 835-849, not consecutive) filed 7-26-85; effective
thirtieth day thereafter (Register 85, No. 30).
§ 836. Types of Treatment: Definitions.
(a) "Convulsive treatment" is the planned induction of a seizure
through electrical or chemical means for therapeutic purposes. When
more than one seizure is induced in a single treatment session, each sei-
zure shall be considered a separate treatment for records-keeping and re-
porting purposes.
(b) "Insulin Coma Treatment" consists of the production of a coma
for therapeutic purposes, with or without convulsions, through the intra-
muscular administration of insulin.
(c) "Psychosurgery" is defined as any of those operations currently
referred to as lobotomy, psychiatric surgery, and behavioral surgery and
all other forms of brain surgery if the surgery is performed for the purpose
of any of the following:
(1) Modification, alteration, or control of thoughts, feelings, actions,
or behavior rather than the treatment of a known and diagnosed physical
disease of the brain;
(2) Modification or alteration of normal brain function, brain tissue or
brain cells in order to modify, alter, or control thoughts, feelings, actions,
or behavior; or
(3) Treatment of abnormal brain function, brain tissue or brain cells in
order to modify, alter, or control thoughts, feelings, actions, or behavior
when the abnormality is not an established cause for those thoughts, feel-
ings, actions, or behavior.
Psychosurgery shall not include surgery for relief of pain caused by
physical disease elsewhere in the body.
(d) "Prefrontal sonic treatment" is the direct stimulation and/or de-
struction of brain cells or brain tissue by ultrasound for therapeutic pur-
poses, as discussed in Section 837.
NOTE: Authority cited: Sections 5325(g), 5326.95 and 5400, Welfare and Institu-
fions Code. Reference: Sections 5325, 5326.6, 5326.7, 5326.75, 5326.8 and
5326.85, Welfare and Institufions Code.
§ 836.1. Voluntary and Involuntary Patients: Definitions.
(a) "Involuntary patients," for purposes of this Article, include:
(1) Persons involuntarily detained for 72-hour evaluation and treat-
ment under Section 5150 of the Welfare and Insfitutions Code;
(2) Persons certified for intensive treatment under Secfion 5250 of the
Welfare and Insfitufions Code;
(3) Persons certified for addifional intensive treatment as suicidal un-
der Section 5260 of the Welfare and Institufions Code;
(4) Persons postcertified as a demonstrated danger of substanfial phys-
ical harm to others under Secfion 5300 of the Welfare and Insfitutions
Code;
(5) Persons under temporary or permanent conservatorship or guard-
ianship;
(6) Persons who have been judicially committed, as defined under
Section 5008. 1 of the Welfare and Institufions Code. In the event that this
Article conflicts with regulations dealing with the developmentally dis-
abled promulgated under Chapter 1 (commencing with Section 4500) of
the Welfare and Institutions Code, the latter statute and regulations shall
control.
(b) "Voluntary patients," for the purposes of this Article, include all
other patients not included in subdivision (a) above.
NOTE: Authority cited: Sections 5326.95 and 5400, Welfare and Institufions
Code. Reference: Sections 5326.7, 5326.15 and 5326.75, Welfare and Institutions
Code.
Page 22.22
Register 2003, No. 13; 3-28-2003
Department of Mental Health
§ 836.2. FacBloty: DefBnitoon.
"Facility" includes any health facility, including but not limited to, any
health facility as defined in Section 1250 of the Health and Safety Code,
in which convulsive treatment, insulin coma treatment, prefrontal sonic
treatment or psychosurgery is administered or performed.
NOTE: Authority cited: Sections 5326.95 and 5400, Welfare and Institutions
Code. Reference: Sections 5325, 5326.6, 5326.7, 5326.15 and 5326.75, Welfare
and Institutions Code.
§ 837. Procedures for insullin Coma and Prefrontal Sonic
Treatment.
(a) Unless otherwise indicated, all the requirements set forth in statute
or regulation for the administration of convulsive treatment shall be fol-
lowed when insulin coma treatment is administered, or when prefrontal
sonic treatment is administered which involves only direct stimulation of
brain cells or brain tissue.
(b) Unless otherwise indicated, all the requirements of statute or regu-
lation described for psychosurgery shall be followed when prefrontal
sonic treatment is administered and there exists any possibility there will
be destruction of brain cells or brain tissue.
NOTE: Authority cited: Sections 5325(g), 5326.95 and 5400, Welfare and Institu-
tions Code. Reference: Sections 5326.6, 5326.7 and 5326.75, Welfare and Institu-
tions Code.
History
I . Editorial correction of subsection (a) (Register 95, No. 43).
§ 838. Quarterly Reports on Convulsive, Snsulin Coma, and
Prefrontal Sonic Treatment — Application and
Requirement.
(a) The reporting requirements of Welfare and Institutions Code Sec-
tion 5326. 15 shall be applicable to all facilities which administer or per-
form convulsive treatment, insulin coma treatment, or prefrontal sonic
treatment involving only direct stimulation of cells or tissue, and to all
physicians who provide these treatments outside health facilities.
(b) Quarterly, any such facility which has performed these treatments
during the prior quarter, or which considers such treatment methods a
part of the facility's program, shall report to the local mental health direc-
tor. These reports shall be made regardless of whether or not any of these
treatment methods were used during the quarter. Likewise, any physician
who considers any of these methods a service that he or she provides, and
whose use of the above-mentioned treatment methods is not included in
any facility's report, must submit a quarterly report to the local mental
health director even if such treatments were not administered during that
particular quarter.
(c) Quarterly reports shall be made on a form which shall be issued by
the Director of the State Department of Mental Health which shall in-
clude all necessary instructions and definitions.
NOTE: Authority cited: Sections 5325(g), 5326.95 and 5400, Welfare and Institu-
tions Code. Reference: Sections 5326.1 and 5326.15, Welfare and Institutions
Code.
§ 838.1 . Quarterly Reports on Psychosurgery.
Each facility which performs psychosurgery, or prefrontal sonic treat-
ment involving destruction of cells or tissue, or each physician who per-
forms these treatments outside a facility, shall submit to the local mental
health director a quarterly report of all such procedures actually per-
formed during the preceding quarter. The report shall contain, in addition
to the data listed in Welfare and Institutions Code Section 5326.15, the
following information:
(a) Psychiatric diagnosis;
(b) Type of psychosurgery performed;
(c) Date surgery performed;
(d) Complications that arose during or after completing psychosur-
gery.
NOTE: Authority cited: Sections 5326.95 and 5400, Welfare and Institutions
Code. Reference: Section 5326.15, Welfare and Institutions Code.
§ 838.2. Failure to Submit Quarterly Reports.
A facility, clinic, or physician who fails to submit the reports as pro-
vided in Section 838 or 838.1, by the 15th of the month following com-
pletion of the quarter, shall be notified by the local mental health director
of the legal obligation to submit these reports. Failure to comply within
15 days after such notification shall be reported to the Director of the
State Department of Mental Health who may take any or all of the actions
specified in Section 5326.9 of the Welfare and Institutions Code.
NOTE: Authority cited: Sections 5325(g), 5326.95 and 5400, Welfare and Institu-
tions Code. Reference: Section 5326.15, Welfare and Institutions Code.
§ 838.3. Quarterly Reports to State.
The local mental health director shall transmit copies of all quarterly
reports received to the Director of the State Department of Mental Health,
or to the office designated by the Director, by the last day of the month
following the end of the quarter.
NOTE: Authority cited: Sections 5325(g), 5326.95 and 5400, Welfare and Institu-
tions Code. Reference: Sections 5326.1 and 5326.15, Welfare and Institutions
Code.
§ 839. Informed Consent for Electroconvulsive Treatment.
(a) For purposes of obtaining written informed consent to electrocon-
vulsive treatment, the treating physician shall use the consent form devel-
oped by the department. The form entitled "Informed Consent for Elec-
troconvulsive Treatment (ECT) MH 300 (1 1/90)" is the standard written
consent form prescribed in section 5326.3 of the Welfare and Institutions
Code.
(b) The oral explanation required by section 5326.4 of the Welfare and
Institutions Code regarding the information contained on the consent
form shall be in a language or modality understood by the person giving
consent.
NOTE: Authority cited: Section 5326.95, Welfare and Institutions Code. Refer-
ence: Sections 5325, 5326.2, 5326.3, 5326.4, 5326.5, 5326.6, 5326.7, 5326.75 and
5326.8, Welfare and Institutions.
History
1. New section filed 4-12-90; operative 5-12-90 (Register 90, No. 15).
2. Change without regulatory effect revising date of form in subsection (a) filed
3-7-91 pursuant to section 100, title 1, California Code of Regulafions (Regis-
ter 91, No. 15).
§ 840. Capacity to Consent or Refuse Consent to
Recommended Treatment or Surgery.
(a) A person shall be deemed to have the capacity to consent or to re-
fuse to consent if it is determined that such person has actually under-
stood and can knowingly and intelligently act upon the information spe-
cified in Welfare and Institutions Code Section 5326.2. Understanding
of the potential benefits and risks of the proposed treatment or surgery
is the primary factor in determining such capacity to consent or to refuse
consent.
(b) A person shall not be deemed to lack capacity to consent or refuse
consent solely by virtue of any psychiatric or medical diagnosis.
(c) When Section 5326.7(e) of the Welfare and Institutions Code re-
quires that a person's attorney make a determination as to the person's
capacity or incapacity to give written informed consent, the attorney shall
make an independent judgment of capacity.
NOTE: Authority cited: Secfions 5325(g), 5326.95 and 5400, Welfare and Institu-
tions Code. Reference: Sections 5326.5, 5326.7 and 5326.75, Welfare and Institu-
tions Code.
§ 841 . Refusal to Consent to Recommended Treatment or
Surgery.
If a patient is deemed by the physician to have the capacity to give in-
formed consent, but refuses to do so, the physician shall indicate in the
clinical record that the treatment was refused despite the physician's ad-
vice, and that he or she has explained to the patient the patient' s responsi-
bility for any untoward consequence of the refusal. However, such expla-
nation shall in no case be made in a manner so as to constitute duress or
coercion. Transfer of the patient to another facility, loss of hospital privi-
leges or placement in a more restrictive setting may subsequently be jus-
tified for medical or psychiatric reasons, but shall not be a direct conse-
quence of the patient's refusal to consent to the proposed treatment.
Page 2223
Register 95, No. 43; 10-27-95
§845
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
NOTE: Authority cited: Sections 5325(g), 5326.95 and 5400, Welfare and Institu-
tions Code. Reference: Sections 5326.5 and 5326.85, Welfare and Institutions
Code.
§ 845. Minors.
(a) Under no circumstances shall psychosurgery or prefrontal sonic
treatment be performed on a person under 18 years of age.
(b) The following minors shall be subject to the provisions of Section
5326.7 of the Welfare and Institutions Code: (1) persons aged 16 or 17
who are involuntary patients, or who lack verification of capacity to give
written informed consent as required by Section 5326.75 of the Welfare
and Institutions Code; and (2) all persons aged 12, 13, 14, or 15.
(c) For persons listed in subdivision (b), except where such persons
have been emancipated, the custodial parent or parents, or the individual
or agency with legal custody, shall be considered the guardian for pur-
poses of granting or withholding substituted consent.
(d) Persons aged 16 and 17 who are voluntary patients may themselves
grant or withhold consent for convulsive treatment to the same extent as
adults who are voluntary patients.
NOTE: Authority cited: Sections 5325(g), 5326.95 and 5400, Welfare and Institu-
tions Code. Reference: Sections 5326.6 and 5326.8, Welfare and Institutions
Code.
§ 847. Post-Treatment Review Committees.
(a) Any facility in which convulsive treatment is performed, whether
on a voluntary or an involuntary patient, shall designate a qualified com-
mittee of three psychiatrists and/or neurologists knowledgeable about
the treatment and its effect to verify the appropriateness and need for such
treatment. This committee shall review all convulsive treatments given
in that facility on a quarterly basis. If treatments are initiated in a facihty,
and then continued outside that facility, the physician who continues
treatments shall report the total number to the facility. Any such treat-
ments shall be reviewed by the facility's review committee.
(b) For convulsive treatments and insulin coma treatments not in-
cluded under Subdivision (a), the local mental health director shall estab-
lish the post-treatment review committee. This committee shall consist
of three psychiatrists and/or neurologists, and shall meet on a quarterly
basis to verify the appropriateness and need for such treatment. Records
submitted to these committees shall have data identifying the patient de-
leted, except where disclosure is otherwise authorized by Welfare and In-
stitutions Code Sections 5328, et seq.
(c) Refusal by any facility or physician to submit convulsive treatment
and insulin coma treatment cases for review shall be reported by the re-
view committees to the Director of the State Department of Mental
Health who may take any or all of the actions specified in Section 5326.9
of the Welfare and Institutions Code.
NOTE: Authority cited: Sections 5326.91 , 5326.95 and 5400, Welfare and Institu-
tions Code. Reference: Section 5326.91, Welfare and Institutions Code.
§ 849. Excessive Use of Convulsive Treatment.
(a) Convulsive treatments shall be considered excessive if more than
15 treatments are given to a patient within a 30-day period, or a total or
more than 30 treatments are given to a patient within a one-year period.
(b) If, in the judgment of the attending physician, more than the above
limits are indicated, prior approval must first be obtained from the review
committee of the facility or county, whichever is appropriate. (Sections
847 and 848.) Requests for approval shall include documentation of the
diagnosis, the clinical findings leading to the recommendation for the ad-
ditional treatments, the consideration of other reasonable treatment mo-
dalities and the opinion that additional treatments pose less risk than oth-
er potentially effective alternatives available for the particular patient at
the present time. A maximum number of additional treatments shall be
specified. The review committee shall act upon any such request within
seven days of its receipt and shall document the maximum number of ad-
ditional treatments approved. AH applicable informed consent proce-
dures shall also be followed.
NOTE: Authority cited: Sections 5326.95 and 5400, Welfare and Institutions
Code. Reference: Section 5326.95, Welfare and Institutions Code.
Article 5.5. Voluntary Patients' Right to
Refuse Antipsychotic Medications
§ 850. Refusal of Antipsychotic Medications.
Every person admitted as a voluntary patient for psychiatric evalua-
tion or treatment in any facility as listed in Section 860 of this subchapter
has the right to refuse the administration of antipsychotic medications.
A voluntary patient for purposes of this article does not include:
(a) voluntary minor patients unless such minor is otherwise authorized
by law to seek and consent to treatment for mental illness, nor
(b) conservatees (as defined by Section 5350 et seq. of the Welfare and
Institutions Code, i.e., "L-P-S conservatees") whose conservators have
been given the right to require their conservatees to receive treatment re-
lated specifically to reinedying or preventing the recurrence of the con-
servatees' being gravely disabled.
NOTE: Authority cited: Sections 5325 and 5326.95. Welfare and Institutions
Code. Reference: Sections 5325, 5325.1, 5358, 6000, 6002 and 6004, Welfare and
Institutions Code.
History
1 . New Article 5.5 (Sections 850-857) filed 3-6-80; designated effective 6-1-80
(Register 80, No. 10).
2. Editorial con-ection of NOTE filed 10-26-82 (Register 82, No. 44).
§ 851 . Informed Consent to Antipsychotic Medications.
A voluntary patient shall be treated with antipsychotic medications
only after such person has been informed of his or her right to accept or
refuse such medications and has consented to the administration of such
medications. In order to make an informed decision, the patient must be
provided with sufficient information by the physician prescribing such
medications (in the patient's native language, if possible) which shall in-
clude the following:
(a) The nature of the patient's mental condition,
(b) The reasons for taking such medication, including the likelihood
of improving or not improving without such medication, and that con-
sent, once given, may be withdrawn at any time by stating such intention
to any member of the treating staff,
(c) The reasonable alternative treatments available, if any,
(d) The type, range of frequency and amount (including use of PRN
orders), method (oral or injection), and duration of taking the medica-
tions,
(e) The probable side effects of these drugs known to commonly oc-
cur, and any particular side effects likely to occur with the particular pa-
tient,
(f) The possible additional side effects which may occur to patients
taking such medication beyond three months. The patient shall be ad-
vised that such side effects may include persistent involuntary movement
of the face or mouth and might at times include similar movement of the
hands and feet, and that these symptoms of tardive dyskinesia are poten-
tially irreversible and may appear after medications have been discontin-
ued.
NOTE; Authority cited: Sections 5325 and 5326.95, Welfare and Institudons
Code. Reference: Sections 5325 and 5325.1, Welfare and Institufions Code;
Cobbs V. Grant (1972) 8 Cal. 3d 229.
History
1 . Editorial correction of NOTE filed 10-26-82 (Register 82, No. 44).
§ 852. Maintenance of Records.
For each patient receiving antipsychotic medications, the facility shall
maintain a written record of the patient's decision to consent to such med-
ications.
That written record shall be a written consent form signed by the pa-
tient indicating that items (a) through (f) of Section 851 have been dis-
cussed with the patient by the prescribing physician.
In the event that the patient has been shown but does not wish to sign
the written consent form, it shall be sufficient for the physician to place
the unsigned form in the patient's records maintained by the facility to-
gether with the notation that while the patient understands the nature and
effect of antipsychotic medications and consents to the administration of
Page 22.24
Register 95, No. 43; 10-27-95
Department of Mental Health
§ 863.:
such medications, the patient does not desire to sign a written consent
form.
NOTE: Authority cited: Sections 5325 and 5326.95, Welfare and Institutions
Code. Reference: Sections 5325 and 5325.1, Welfaie and Institutions Code.
History
1. Editorial correction of NOTE filed 10-26-82 (Register 82. No. 44).
§ 853. Emergency.
Nothing in this article is intended to prohibit the physician from taking
appropriate action in an emergency. An emergency exists when there is
a sudden marked change in the patient's condition so that action is imme-
diately necessary for the preservation of the life or the prevention of seri-
ous bodily harm to the patient or others, and it is impracticable to first ob-
tain consent. If antipsychotic medication is administered during an
emergency, such medication shall be only that which is required to treat
the emergency condition and shall be provided in ways that are least re-
strictive of the personal liberty of the patient.
NOTE: Authority cited: Sections 5325, 5326 and 5326.95, Welfare and Institutions
Code. Reference: Sections 5325 and 5325.1, Welfare and Institutions Code;
Cobbs V. Grant (1972) 8 Cal. 3d 229.
History
1. Editorial correction of NOTE filed 10-26-82 (Register 82, No. 44).
§ 854. Withdrawal of Consent
A voluntary patient may withdraw consent to the administration of an-
tipsychotic medications at any time by stating such intention to any mem-
ber of the treatment staff.
NOTE: Authority cited: Sections 5325 and 5326.95, Welfare and Institutions
Code. Reference: Sections 5325, 5325.1, 6000, 6002 and 6004, Welfare and Insti-
tutions Code.
History
1. Editorial correction of NOTE filed 10-26-82 (Register 82, No. 44).
§ 855. Consequence of Refusal.
The refusal to consent to the administration of antipsychotic medica-
tions shall not in itself constitute grounds for initiating an involuntary
commitment.
NOTE: Authority cited: Sections 5325 and 5326.95, Welfare and Institutions
Code. Reference: Sections 5150, 5250, 5325 and 5325.1, Welfare and Institutions
Code.
History
1. Editorial correction of NOTE filed 10-26-82 (Register 82, No. 44).
§ 856. Oefinition of Antopsychotoc Medication.
For purposes of this article, "antipsychotic medication" means any
drug customarily used for the treatment of symptoms of psychoses and
other severe mental and emotional disorders.
NOTE: Authority cited: Sections 5325 and 5326.95, Welfare and Institutions
Code. Reference: Title 9, California Administrative Code, Sections 850-855.
History
1. Editorial correction of NOTE filed 10-26-82 (Register 82, No. 44).
§ 857. Reports of Violations.
Any alleged or suspected violation of the rights of patients as set out
in this article shall be reported to the county patients' rights advocate, or
for state hospital patients, to the state hospital patients' rights advocate,
who shall report all complaints to the Director of the State Department
of Mental Health. The Director shall take appropriate action which, de-
pending on the nature of the complaint, could include:
(a) Referral for disciplinary action to the facility governing body for
review and monitoring,
(b) Referral to the Board of Medical Quality Assurance regarding a re-
view of the individual practitioner's license,
(c) Referral for review of the facihty license,
(d) Compelling negotiations to ensure compliance with these regula-
tions, withholding part or all of state mental health funds, or taking appro-
priate court action.
The remedies provided by these regulations shall not preclude any oth-
er remedies which the individual patient may have under the law.
NOTE: Authority cited: Sections 5325 and 5326.95, Welfare and Institutions
Code. Reference: Sections 5325. 5325.1, 5326.9 and .5655, Wellaie and Institu-
tions Code.
History
1. Editorial correction of NOTE filed 10-26-82 (Register 82, No. 44).
Article 6. Patient Rights: Denial for Good
Cause
§ 860. Application of Article.
NOTE: Authority cited: Section 5326, Welfare and Institutions Code. Reference:
Section 5326. Welfare and Institutions Code.
History
1. New Article 6 (Secrions 860-863, 863.1, 863.2, 864, 865, 865.1-865.5.
866-868) filed 5-4-76; effective thirtieth day thereafter (Register 76, No. 19).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 861 . List of Rights.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 862. Notification of Rights.
(a) A list of the rights set forth in Section 5325 of the Welfare and Insti-
tutions Code and in Section 861 , as well as the complaint procedure, pre-
scribed in Section 864, shall reinain posted, in English and Spanish, in
all wards and common living areas of facilities specified in Section 860.
(b) Each person admitted to a facility specified in Section 860 shall be
personally notified of his rights in writing, in language he can understand,
or shall have his rights brought to liis attention by other means if he is un-
able to read or understand the information provided him.
(c) A notation to the effect that notification, or an attempt to provide
notification, has occurred, shall be entered in the patient's/resident's re-
cord within 24 hours of admission.
§ 863. Definitions.
(a) The "Patients' Rights Speciahst" means the person in the Head-
quarters Office of the Department of Health delegated the responsibility
for ensuring that mentally and developmentally disabled persons in faci-
lities providing mental health services or residential care are afforded
their statutory and constitutional rights.
(b) The "Patients' Advocate" means the person in a local mental
health program delegated the responsibility for ensuring that mentally
disabled persons in facilities specified in Section 860 are afforded their
statutory and constitutional rights.
(c) The "Residents' Advocate" means the person in a regional center
program delegated the responsibility for ensuring that developmentally
disabled residents in facilities specified in Section 860 are afforded their
statutory and constitutional rights.
§ 863.1 . Assignment of Patients'/Residents' Advocate.
(a) Each county mental health director shall assign a Patients' Advo-
cate to handle complaints of mentally disabled patients and residents re-
garding the abuse, unreasonable denial, or punitive withholding of a right
guaranteed under Section 861 of this article. Each regional center direc-
tor shall assign a Residents' Advocate to handle similar complaints from
developmentally disabled residents. If the person assigned to handle
complaints is a member of the staff of a particular facility, he shall not
be involved in the direct supervision of patients or residents of that facil-
ity.
(b) The appointment of a Patients'/Residents' Advocate in a state hos-
pital, as well as the complaint procedure to be observed there, shall be in
accordance with Department of Health directives on the patients' rights
program for state hospitals.
§ 863.2. Duties of Patients'/Residents' Advocate.
(a) The Patients'/Residents' Advocate shall:
(1) Ensure that the rights listed in Section 5325 of the Welfare and In-
stitutions Code and in Section 861 remain posted in all facilities where
posting is required pursuant to Section 860.
Page 22.25
Register 95, No. 43; 10-27-95
§864
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(2) Ensure that all incoming patients/residents are notified of tliese
rights.
(3) Assist in training staff of facilities specified in Section 860 regard-
ing patients'/residents' rights.
(4) Investigate complaints of patients/residents or their responsible
relatives, and, if necessary, act as advocate for patients/residents.
(5) Act as advocate in behalf of patients/residents who are unable to
register a complaint because of their mental or physical condition.
(6) Act as local consultant in the area of patients'/residents" rights.
(7) Act as liaison to the Patient Rights Specialist, Department of
Heahh.
§ 864. Complaint Procedure.
(a) The list of rights that shall be posted, provided, or explained to the
patient/resident pursuant to Section 862 shall contain:
(1) Notification that any patient/resident who believes a right of his/
hers has been abused, punitively withheld, or unreasonably denied may
file a complaint with the Patients'/Residents' Advocate.
(2) The name of the Patients'/Residents' Advocate who has been as-
signed to handle such complaints, his telephone number, and the times
during which he may be contacted.
(b) When a complaint is received by the Patients'/Residents' Advo-
cate he shall, within two working days, take action to investigate and re-
solve it.
(c) If the complainant expresses dissatisfaction with the action taken,
the matter shall be referred, within five working days, to the local mental
health director if the complaint originated in the mental disabilities pro-
gram or to the regional center director if the complaint originated in the
developmental disabilities program.
(d) If the complaint cannot be satisfactorily resolved by the local men-
tal health director or by the regional center director within ten working
days, it shall be referred to the Patients" Rights Specialist, Department of
Health, whose responsibility it shall be to make a decision in the case. Ap-
peal from the decision of the Patients' Rights Specialist may be made to
the Director of State Department of Health, or his designee.
§ 865. Authority for Denial of Rights.
(a) (Reserved)
(b) "Professional person in charge of the facility" is defined in Sec-
tion 822 of this subchapter. Title 9, California Administrative Code; in
community care facilities it is the administrator of the facility. Prior to
denying the rights, as listed in Section 861, of a resident for good cause,
the administrator of a community care facility shall first obtain concur-
rence from the resident's physician or social worker that good cause for
denial exists.
(c) Notwithstanding the provisions of this article, good cause denial
of that right listed under subdivision (f) of Section 5325 shall be in accor-
dance with the provisions set forth in Article 7 (commencing with Sec-
tion 5325) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institu-
tions Code, as interpreted by court decision.
(d) Any person who has the lawful right on his own choice to discharge
himself from a facility shall be informed of said right at the time of admis-
sion to the facility. If the person elects to discharge himself from the facil-
ity rather than voluntarily accepting any denial of his rights, such election
shall be documented in his treatment record, and the person shall be per-
mitted to leave the facility.
History
1 . Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government
Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 865.1. Denial of Rights in Community Care Facilities.
(a) A right listed in Section 861 of this article may be denied a resident
of a licensed community care facility only upon the failure of all other
means taken to resolve the behavior necessitating denial.
(b) Agreements and negotiations between the resident, administrator,
and social worker shall be the primary means of resolving problems re-
garding the rights of the resident.
(c) If the community care facility, after compliance with subsections
(a) and (b) of this section, wishes to deny one or more Section 861(a)
through (e) rights, the procedure of Section 865 must be followed.
§ 865.2. Good Cause for Denial of Rights.
(a) Rights listed in Section 861, except for that right hsted in subdivi-
sion (g), may be denied only for good cause, and the rights under subdivi-
sion (f) may be denied only under the conditions specified in Article 7
(commencing with Section 5325) of Chapter 2 of Part 1 of Division 5 of
the Welfare and Institutions Code. Good cause for denying a patient/re-
sident the exercise of a right exists when the professional person in
charge of a facihty or his designee has good reason to believe:
(1) That the exercise of the specific right would be injurious to the pa-
tient/resident; or
(2) That there is evidence that the specific right, if exercised would se-
riously infringe on the rights of others; or
(3) That the instiuition or facility would suffer serious damage if the
specific right is not denied; and
(4) That there is no less restrictive way of protecting the interests speci-
fied in (1), (2), or (3).
(b) The reason used to justify the denial of a right to a patient/resident
must be related to the specific right denied. A right shall not be withheld
or denied as a punitive measure, nor shall a right be considered a privilege
to be earned.
(c) Treatment modalities shall not include denial of any right specified
in Section 861 of this article. Waivers signed by the patient/resident or
by the responsible relative/guardian/conservator shall not be used as a
basis for denying Section 861 rights in any treatment modality.
§ 865.3. Documentation of Denial of Rights.
(a) Each denial of a patient' s/resident' s right shall be noted in his treat-
ment record. Documentation shall take place immediately whenever a
right has been denied. The notation shall include:
(1) Date and time the right was denied.
(2) Specific right denied.
(3) Good cause for denial of right.
(4) Date of review if denial was extended beyond 30 days.
(5) Signature of the professional person in charge of the facility or his
designee authorizing denial of right.
(b) The patient/resident shall be told of the content of the notation.
(c) Each denial of a right shall be documented regardless of the gravity
of the reason for the denial or the frequency with which a specific right
is denied in a partiular facility or to a particular individual.
§ 865.4. Seclusion and Restraints.
(a) Seclusion is the involuntary isolation of a patient in a locked room.
Seclusion and/or restraints shall never be used as punishment or as a sub-
stitute for a less restrictive alternative form of treatment.
(b) Each instance of seclusion and/or restraints shall be noted in the pa-
tient's record in accordance with Section 865.3.
(c) Documentation of the Section 861 rights actually denied a person
in seclusion or restraints shall be entered in the patient's record.
(d) In addition to the foregoing, all of the provisions contained in Sec-
tions 70577(j) (General Acute Care Hospitals), 71545 (Acute Psychiatric
Hospitals), 72407, 72409, 72411, 72413 (SNF), and 73403, 73405,
73407, 73409 (ICE) of Title 22 of the California Administrative Code
shall prevail as applicable rules for the respective health care facilities.
(e) The authority for the use of seclusion and/or restraints on any resi-
dent of a community care facility shall be in accordance with provisions
of Title 22, California Administrative Code, Section 80403(0-
§ 865.5. Restoration of Rights.
A right shall not continue to be denied a patient/resident when the good
cause for its denial no longer exists. When a right has been denied, staff
shall employ the least restrictive means of managing the behavior prob-
lem which led to the denial. The date a specific right is restored shall be
documented in the patient's/resident's treatment record.
Page 22,26
Register 95, No. 43; 10-27-95
Title 9
Department of Mental Health
§881
§ 866. Quarterly Reports to the Director of Health.
(a) Each local mental health director shall, by the last day of January,
April, July, and October, report on the appropriate form to the Patients'
RightsSpecialist,Departmentof Health, the number of persons, by facil-
ity, whose rights were denied and the specific right or rights denied. De-
nials of rights in the following types of local facilities must be reported
to the local mental health director for inclusion in each quarterly report:
(1) Facilities that treat persons involuntarily detained under the Lant-
erman-Petris-Short Act;
(2) Local mental health facilities operated directly by or under contract
with local mental health services or designated in the county plan to pro-
vide such services;
(3) Private mental institutions;
(4) Psychiatric units of general acute care hospitals, acute psychiatric
hospitals, and skilled nursing facilities.
(b) The content of the quarterly reports shall enable the State Director
of Health and the Patients' Rights Specialist to identify individual treat-
ment records, if necessary, for further analysis and investigation.
(c) Each facility shall note in its report to the local mental health direc-
tors that the treatment record of a person denied a specific right is identifi-
able and can be located for purposes of analysis and investigation by the
Department.
(d) State hospitals shall submit quarterly reports on denials of rights
directly to the Patients' Rights Specialist, Department of Health, in ac-
cordance with Department directive on the patients' rights program in
state hospitals, as revised J 975.
§ 867. Access to DeniaB of Rights Bnformation.
Information in a patient's/resident's treatment record pertaining to a
denial of a right shall be available on request to the patient/resident, his
attorney/conservator/guardian, the Department of Health, a member of
the State Legislature, or a member of a county board of supervisors.
§ 868. Annual Review.
(a) The Patients' Rights Specialist shall, with the assistance of the Pa-
tients'/Residents' Advocate, conduct an annual review of the patients'
rights program in each local mental health program and regional center.
(b) The Patients' Rights Specialist shall submit a report of the annual
review to the local mental health director or the regional center director,
as appropriate, with a copy to the Mental Disabilities Services Branch
Chief, or the Developmental Disabilities Branch Chief, as appropriate.
Chapter 4.5. Patients' Rights and Related
Procedures for Non-Lanterman-Petris-
Short Act Patients in Department of Mental
Health Facilities
Article 1= General Provisions
§ 880. Application of Chapter.
Chapter 4.5 applies to patients' rights and related procedures for all
non-Lanterman-Petris-Short Act (LPS) patients placed in or committed
to a treatment program in a Department of Mental Health facility, except
when transferred to or placed in a federally certified program.
NOTE: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code.
Reference: Section 4027, Welfare and Institutions Code.
History
1. New chapter 4.5 (articles 1-3, sections 880-892), article 1 (sections 880-881)
and section filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
§ 881. Definitions, Abbreviations and Program Terms.
(a) "Abuse" means physical abuse, neglect, financial abuse, abandon-
ment, isolation, abduction, or other treatment with resulting physical
harm or pain or mental suffering. The deprivation by a care custodian of
goods or services that are necessary to avoid physical harm or mental suf-
fering.
(b) "Administrative isolation" means the temporary separation of a pa-
tient from other patients and the normal hving environment for the pur-
pose of protecting possible evidence or maintaining safety and security
during a criminal investigation.
(c) "Confidential mail" means letters or documents sent to or received
from attorneys, courts or government officials through the mail.
(d) "Confidential telephone calls" means telephone calls that are not
monitored or recorded by hospital staff.
(e) "Contraband" means materials, articles, or goods that patients are
prohibited from having in their possession because such materials, ar-
ticles or goods present a risk to safety and security in the facility.
(f) "Department " means the State Department of Mental Health.
(g) "Facility" means a state hospital or other locked inpatient facility
operated by the Department, either directly or by contract, for the care
and treatment of non-LPS patients.
(h) "Facility director" means the Executive Director or designee in
overall charge of the facility.
(i) "Facility monetary replacement system" means the alternate meth-
ods used to allow patients to purchase personal items within the facility
without using United States currency.
(j) "Interdisciplinary team" means the group of persons from each of
the disciplines or service areas that works directly with the patient.
(k) "Medical care" means procedures determined to be medically nec-
essary, and that are not merely cosmetic in nature.
(/) "Medical isolation" means the confinement of a patient alone in a
room for the purpose of preventing the spread of infectious or contagious
diseases that may be a public health concern.
(m) "Mental disorder" means a diagnosed mental disorder listed in the
American Psychiatric Association: Diagnostic and Statistical Manual of
Mental Disorders, Fourth Edition, Text Revision, DSM-IV-TR, 2000.
(n) "Neglect" means the negligent failure of any person having the
care or custody of an elder or a dependent adult to exercise that degree
of care that a reasonable person in a like position would exercise.
(o) "Non-LPS" means that the placement in or commitment to the fa-
cility is pursuant to legal authority other than the Lanterman-Petris-
Short (LPS) Act, commencing with Section 5000, of Part 1, Division 5
of the Welfare and Institutions Code).
(p) "Office of Patients' Rights" means the contractor designated in ac-
cordance with Section 5510 of the Welfare and Institutions Code. The
contractor is delegated the responsibility for providing direct advocacy
and investigative services in the state hospitals and technical assistance,
training and advice regarding patients' rights to advocates, mental health
programs and/or patients.
(q) "Package" means a wrapped or boxed object, a parcel, or a contain-
er in which something is packed for storage, mailing, or transporting.
(r) "Patient" means a person placed in or committed to a facility under
authority of law for care and treatment.
(s) "Patients' Rights Advocate" means the person in the facility dele-
gated the responsibility for reviewing and attempting to resolve patients'
rights complaints and for ensuring that patients' rights of mentally disor-
dered persons in the facility are observed and protected. This individual
shall have no direct or indirect clinical or administrative responsibility
for the person receiving mental health services.
(t) "Physical restraint" means the direct appHcation of physical force
and/or approved restraining devices and methods to an individual, to re-
strict and/or limit freedom of movement.
(u) "Privacy" means being free from observation by individuals of the
opposite sex during medical examinations, personal care, bathing and
restroom use, except during emergencies and necessary supervision by
staff.
(v) "Protective isolation" means the separation of a patient from other
patients and the normal living environment to protect that individual
from harm by others.
Page 22.27
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§882
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(w) "Safely" means protection of persons and property from potential
danger, risk, injury, liarm or damage.
(x) "Security" means tiie measures necessary to achieve the manage-
ment and accountability of patients of the facility, staff, and visitors, as
well as property of the facility.
(y) "Seclusion" means the involuntary confinement of a person in a
locked room or any area where the person is physically prevented from
leaving.
(z) "Treatment" means clinical intervention and action that is devised
and implemented based on comprehensive assessment of the patient by
the interdisciplinary team and that is designed to improve or stabilize a
diagnosed mental and/or physical condition.
(aa) "Treatment Plan" means the method developed by the interdisci-
plinary team to implement treatment for the patient on an ongoing basis.
The treatment plan is documented in writing in the patient's medical re-
cord, includes specific goals and objectives, identifies a continuum of
care, and is reviewed and modified at frequent intervals by the interdisci-
plinary team.
NOTE; Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code.
Reference: Sections 4005.1 and 4027, Welfare and Institutions Code.
History
1. New section filed 6^-2003; operative 7-4-2003 (Register 2003, No. 23).
Article 2. Non-LPS Patients' Rights
§ 882. Notification of Rights.
(a) Upon admission to the facility, each non-LPS patient shall be in-
formed of the rights specified in Sections 883 and 884 and given a copy
of their rights in the language or modality understood by the patient.
(b) These patients' rights shall also be prominently posted in the pre-
dominant languages of the patients in patients' living areas.
NOTE: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code.
Reference: Sections 4027 and 5600.2(a), Welfare and Institutions Code.
History
1. New article 2 (sections 882-886) and section filed 6-4-2003; operative
7-4-2003 (Register 2003, No. 23).
§ 883. Non-LPS Patients' Rights — Non-Deniable.
(a) The patient's parent, guardian, or conservator may not waive the
rights listed in this Section unless authority to waive these rights is specif-
ically granted by court order.
(b) Non-LPS Patients have the following rights:
(1) A right to privacy, dignity, respect and humane care.
(2) A right to receive treatment for a diagnosed mental disorder that
is provided in a method least restrictive of individual liberty and pro-
motes personal independence.
(3) A right to medical care and treatment for physical ailments and
conditions according to accepted clinical standards and practices.
(4) A right to refuse psychosurgery, electroconvulsive therapy, exper-
imental and other hazardous procedures.
(5) A right to be free from harm including abuse or neglect, and unnec-
essary or excessive medication, restraint, seclusion, or protective or ad-
ministrative isolation. Medication, restraint, seclusion, or protective or
administrative isolation shall not be used as punishment, as retaliation for
filing complaints, for the convenience of staff, as a substitute for a treat-
ment program or in quantities that interfere with the patient's treatment.
(6) A right to confidential case discussions, consultation, examination,
and patient records. Confidential information shall only be provided to
those people providing evaluation and/or treatment or as authorized by
law.
(7) A right to be informed of the procedures for filing complaints and
the process for appeals when complaints are not resolved to the patient's
satisfaction.
(8) A right to access the services of a Patients' Rights Advocate.
(9) A right to confidential communications with an attorney, either
through correspondence or through private consultation, during regular-
ly scheduled visiting days and hours.
(1 0) A right to religious freedom and practice, within the context of the
environment of a secure treatment facility.
(1 1) A right to opportunities for physical exercise and recreational ac-
tivities.
NOTE: Authority cited: Sections 4005. 1 and 4027, Welfare and Institutions Code.
Reference: Section 4027, Welfare and Institutions Code.
History
] . New section filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
§ 884. Patients' Rights Subject to Denial for Good Cause.
(a) The patient's parent, guardian, or conservator may not waive the
rights listed in this Section unless authority to waive these rights is specif-
ically granted by court order. These rights shall only be denied for good
cause in accordance with Subsection (b) of this Section.
(b) Non-LPS Patients have the following rights, subject to denial for
good cause:
(1) A right to keep and use personal possessions as space permits, ex-
cept items and materials that are listed as contraband by the facility. Each
facility shall make a copy of the contraband listing available on all treat-
ment units and public areas within the facility. Each patient shall receive
a copy of the contraband listing upon admission.
(2) A right to have access to individual secured storage space for per-
sonal possessions in accordance with the formal policies and procedures
of the facility. Title 19, Section 314 and Title 22, Sections 71543 and
73507 require hospitals and licensees to comply with State Fire Marshall
regulations.
(3) A right to keep and spend a sum of the patient's own money via the
facility monetary replacement system.
(4) A right to personal visits during regulariy scheduled visiting days
and hours. The right to have visits shall not be denied except as is neces-
sary for reasonable security of the facility and the safety of persons. The
length and frequency of visits and the number of persons permitted to vis-
it a patient at the same time may be limited consistent with safety, securi-
ty, and to ensure that all patients have a fair opportunity to have visitors.
(5) A right to access telephones to make and receive confidential tele-
phone calls, or to have such calls made for them. Telephone hours, fre-
quency and duration of telephone calls, and method of payment may be
limited to ensure access by all patients.
(6) A right to have access to letter writing materials and to mail and
receive correspondence. Designated facility employees shall open and
inspect all incoming and outgoing mail addressed to and from patients for
contraband. Confidential mail, as defined in Section 881(c), shall not be
read. Limitations on size, weight and volume of mail shall be specified
by formal facility policy.
(7) A right to receive packages. Designated facility employees shall
open and inspect all incoming and outgoing packages addressed to and
from patients for contraband. Limitations on the size, weight and volume,
and frequency/number of packages allowed shall be specified by formal
facility policy.
(8) A right to have access to legal reference material. Limitations on
the time, duration, frequency, and method of access shall be specified by
formal facility policy to ensure opportunity for access by all patients.
(9) A right to participate in appropriate programs of publicly supported
education that are consistent with the patient's treatment plan and with
the secure treatment facility environment.
(10) A right to social interaction. The formation of supervised patient
leisure time activity groups that promote educational, social, cultural and
recreational interests of participating patients shall be permitted, except
for activities that pose a threat to safety and security.
(c) The rights specified in Subsection (b) of this Section shall be denied
only for good cause. Good cause for denying a patient the exercise of a
right exists when the facility director determines that:
Page 22.28
Register 2003, No. 23; 6-6-2003
Title 9
Department of Mental Health
§892
(1 ) The exercise of the specific right would be injurious to the patient;
or
(2) There is evidence that the specific right, if exercised, would seri-
ously infringe on the rights of others; or
(3) The facility would suffer serious damage if the specific right is not
denied, or;
(4) The exercise of the right would compromise the safety and security
of the facility and/or the safety of others; and
(5) That there is no less restrictive way of protecting the interests speci-
fied in Subsections (c)(1) through (4) of this Section.
(d) The reason for denial of a right under this Section must be related
to the specific right denied. A right specified in this Section shall not be
withheld or denied as a punitive measure, nor shall a right specified in this
Section be considered a privilege to be earned. A denial of a right shall
not exceed thirty days without additional staff review. Treatment plans
shall not include denial of any right specified in Subsection (b) of this
Section.
(e) Each denial of a right specified in this Section shall be noted in the
patient's treatment record. Documentation shall take place immediately
whenever a right is denied. The notation shall include:
(1) Date and time the right was denied.
(2) Specific right denied.
(3) Good cause for denial of right.
(4) Date of review if denial was extended beyond 30 days.
(5) The facility director's signature authorizing the denial.
(f) The patient shall be told of the content of the notation and the pro-
cess for restoration at the time of the denial.
(g) Each denial of a right specified in this Section shall be documented
regardless of the reason for the denial, or the frequency with which a spe-
cific right is denied in a particular facility, or to a particular patient.
(h) A patient's right under this Section shall be restored when the good
cause for its denial no longer exists. When a right has been denied, staff
shall employ the least restrictive means of managing the behavior that led
to the denial. The date that a specific right is restored shall be documented
in the patient's treatment record.
(i) Information in the patients' treatment record pertaining to a denial
of rights shall be available on request to the patient, their attomey/conser-
vator/guardian, the Department, or excluding the patient identity, a mem-
ber of the State Legislature.
NOTE: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code.
Reference: Section 4027, Welfare and Institution Code.
History
1. New section filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
§ 885. Complaint and Appeal Procedure.
Non-LPS patients shall be informed of and provided with a written
procedure for filing complaints or appeals alleging violations of any
right(s) contained in Sections 883 and 884. The written procedure shall
contain the following information:
(a) Notification that any patient who believes a patients' right Usted in
this Article has been abused, puniti vely withheld, or unreasonably denied
may file a complaint with the Patients' Rights Advocate.
(b) The contact name of the Patients' Rights Advocate assigned to ad-
dress patients' rights complaints, their telephone number and contact
times.
(c) A statement that the Patients' Rights Advocate shall take action to
investigate and address patients' rights complaints within two working
days.
(d) A statement that if the complainant is not satisfied with the re-
sponse and/or action taken pursuant to Subsection (c) of this Section, the
complainant may, within ten working days, request that the complaint be
referred to the facility director for review and response.
(e) A statement that the facility director shall take action to review the
patients' rights complaint and issue a response within fifteen working
days.
(0 A statement that if the complainant is not satisfied with the response
of the facility director, the complainant may, within thirty working days,
request that the complaint be referred to the Office of Patients' Rights for
review and response.
(g) A statement that if the complainant is not satisfied with the re-
sponse of the Office of Patients Rights, the complainant may request,
within thirty working days, that the complaint be referred to the Director
of the Department.
NOTE: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code.
Reference: Section 4027, Welfare and Institutions Code.
History
1. New section filed 6^^2003; operative 7-4-2003 (Register 2003, No. 23).
§ 886. Quarterly Reports to the Office of Patients' Rights.
(a) Each facility director shall file quarterly reports with the Office of
Patients' Rights, by the last day of January, April, July, and October.
These reports shall list the number of patients whose right or rights were
denied and the specific right or rights that were denied.
(b) The quarterly reports shall enable the Director of the Department
and the Office of Patients' Rights to identify individual treatment re-
cords, if necessary, for further analysis and investigation.
NOTE: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code.
Reference: Section 4027, Welfare and Institutions Code.
HtSTORY
1. New section filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
Article 3. General Limitations Applicable t©
Non-LPS Patients„
§ 890. Clothing.
The facility director shall specify the types of clothing that are autho-
rized to be worn by non-LPS patients in the facility.
NOTE: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code.
Reference: Sections 4027 and 7232, Welfare and Institutions Code.
History
1. New article 3 (sections 890-892) and section filed 6-4-2003; operafive
7-4-2003 (Register 2003, No. 23).
§ 891. Internet Usage.
Non-LPS patients shall not have access to the Internet.
NOTE: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code.
Reference: Sections 4005.1 and 4027, Welfare and Institutions Code.
History
1 . New section filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
§ 892. Operating Businesses from Within the Facility.
Non-LPS patients shall not operate a business from within the facility.
If there is any business activity of a patient or disposition of property
owned by a patient that needs to be attended to or to be administered, the
patient shall designate a person outside the facility to be responsible for
doing so. If necessary, the patient shall execute a power of attorney or
other legally authorizing instrument that allows the patient's designee the
legal authority to take care of the patient's business or property while the
patient is in the facility.
NOTE: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code.
Reference: Sections 4005.1 and 4027, Welfare and Institutions Code.
History
1. New section filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
Page 22.29
Register 2003, No. 23; 6-6-2003
§900
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
Chapter 5. Conduct of Research and
Patient Data Information Requirements in
Facilities Providing Service Under Divisions
5, 6, or 7 of the Welfare and institutions
Code
3. Order of Repeal of Article 3 (Sections 920-923) filed 6-3-85 by OAL pursuant
to Government Code Section 1 1349.7; effective thirtieth day thereafter (Regis-
ter 85, No. 26).
Article 1 . Application
§ 900. Application of Chapter.
Chapter 5 shall apply to mental health services as provided for in Divi-
sion 5 (commencing with Section 5000), Division 6 (commencing with
Section 6000), and Division 7 (commencing with Section 7000) of the
Welfare and Institutions Code, to either voluntary or involuntary pa-
tients. ,
NOTE: Authonty cited for Subchapter 5: Sections 4101, 5750, 7003, 7201, Wel-
fare and Institutions Code. Reference: Section 5328(e), Welfare and Institutions
Code.
History
1. New Subchapter 5 (Sections 900, 901, 910-912, 920-923) filed 9-2-69 as an
emergency; effective upon filing (Register 69, No. 36).
2. Amendment filed 11-17-69 as an emergency; effective upon filing (Register
69, No. 47).
3. Certificate of Compliance covering 9-2-69 and 11-17-69 filings, filed
12-31-69 (Register 70, No. 1).
§ 901. Section Headings.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
Article 2.
Definitions and General
Provisions
§910. Department.
' 'Department' ' means the State Department of Mental Health.
NOTE: Authority cited: Sections 4012 and 5400, Welfare and Institutions Code.
Chapter 1252, Statutes of 1977.
History
1. Amendment filed 6-29-73 as an emergency; designated effective 6-30-73
(Register 73, No. 26).
2. Certificate of CompHance filed 10-24-73 (Register 73, No. 43).
3. Amendment filed 6-30-78 as an emergency; designated effective at 1 1 :59 p.m.
on 6-30-78 (Register 78, No. 26).
4. Certificate of Compliance transmitted to OAH 10-27-78; filed 10-31-78 (Reg-
ister 78, No. 44).
§911. Shall and May.
As used in this subchapter, "shall" is mandatory and "may" is per-
missive.
§912. Facilities.
As used in this subchapter "facilities" include every State Hospital,
Neuropsychiatric Institute, Local Mental Health Service, private or pub-
he establishment and institution providing services under Divisions 5, 6
or 7 of the Welfare and Institutions Code.
History
1. Amendment filed 11-17-69 as an emergency; effective upon filing (Register
69, No. 47).
2. Certificate of Compliance filed 12-31-69 (Register 70, No. 1).
Article 3. Research
' History
1. Amendment filed 11-17-69 as an emergency; effective upon filing (Register
69, No. 47).
2. Certificate of Compliance filed 12-31-69 (Register 70, No. 1).
Article 4. Patient Data Information
NOTE: Authority cited for Article 4: Sections 4011, 5750, 6002, 7003 and 7201,
Welfare and Institufions Code.
History
1 . New Article 4 (Sections 940, 94 1 , 942 and 943) filed 1 0-1 -7 1 ; effecn ve thirtieth
day thereafter (Register 71, No. 40).
2. Order of Repeal of Article 4 (Sections 940-943) filed 6-3-85 by OAL pursuant
to Government Code Section 1 1 349.7; effective thirtieth day thereafter (Regis-
ter 85, No. 26).
Chapter 6. Joint Regulations for
Handicapped Children — Interagency
Responsibilities for Providing Services to
Handicapped Children
§ 1000. Joint Regulations for Handicapped Children
CROSS-REFERENCE: See Title 2, Division 9, Articles 1-9, Sections
60000-60610, not consecutive.
History
1. New Subchapter 6 (Section 1000) printed as Cross-Reference only (Register
86, No. 21). For history of former Subchapter 6, see Register 83, No. 36.
Chapter 7. Acute and Nonacute Levels of
24-Hour Mental Health Care Provided by
County Mental Health Agencies in
Correctional Treatment Centers
§ 1 1 01 . Application of Chapter.
This Chapter shall apply to acute and nonacute levels of 24- hour men-
tal health care provided by county mental health agencies in correctional
treatment centers in local detention facilities.
NOTE: Authority cited: Sections I250.1(a)(12) and 1267.10(a). Health and Safety
Code. Reference: Sections 1250(i) and 1254, Health and Safety Code.
History
1. New chapter 3.5 and section filed 7-14-94; operafive 1-2-96 (Register 94, No.
28).
2. Change without regulatory effect renumbering and amending former chapter
3.5 (sections 781 through 795) to new chapter 7 (sections 1101 through 1115,
respectively) and former section 781 to new section 1 101 filed 8-31-95 pur-
suant to section 100, title 1, California Code of Regulafions (Register 95, No.
34). For prior history of chapter 7, see Register 81, No. 49.
§1102. Definitions.
The following definitions contained in Article 1 (commencing with
Section 79501) of Chapter 12 of Division 5 of Title 22 as adopted by the
Department of Health Services shall apply to terms used in this chapter;
Sections 79509; 79511; 79513; 79516; 79531; 79535; 79537; 79539;
79541; 79543; 79547; 79551; 79559; 79561; 79564; 79565; 79567;
79569; 79571; 79575 and 79577.
NOTE: Authority cited: Sections I250.1(a)(I2) and 1267.10(a), Health and Safety
Code. Reference: Sections I250(j) and 1254, Health and Safety Code.
History
1. New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 782 to new
section 1102 filed 8-31-95 pursuant to section 100, title 1, California Code of
Regulations (Register 95, No. 34).
§ 1 1 03. Mental Health Treatment Program.
A mental health treatment program shall be organized, staffed, and
equipped to provide mental health treatment services for inmate-patients
who require 24-hour inpatient care and treatment for acute or nonacute
mental health disorders. A mental health treatment program is an option-
al program within a hcensed correctional treatment center and therefore
Page 2230
Register 2003, No. 23; 6-6-2003
Title 9
Department of Mental Health
shall be subject to all pertinent ailes contained in 22 CCR Sections 79501
through 79861.
NOTE: Authority cited: Sections 1250.1(a)(12)and 1267.10(a), Health and Safety
Code. Reference: Sections 1250(j) and 1254, Health and Safety Code.
History
1 . New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 783 to new
section 1 103 filed 8-31-95 pursuant to section 100, title 1 , California Code of
Regulations (Register 95, No. 34).
§ 11 04. Mental Health Treatment Program — General
Requirements.
(a) The mental health treatment program shall be only for inmate-pati-
ents with a diagnosable mental disorder who require 24-hour mental
health care.
(b) Each mental health treatment program shall have a clinical director
who shall direct the clinical program, provide general direction to profes-
sional and nonprofessional staff and be responsible for the quality of clin-
ical services performed in the facility.
(c) The clinical director of the mental health treatment program in con-
sultation with other mental health staff, shall develop and implement
written policies and procedures for the mental health treatment program.
(d) There shall be preadmission patient screening for each inmate-pa-
tient completed by the clinical director or his or her designee.
(e) Release of medical records or mental health treatment information
concerning any inmate-patient shall be only as authorized under Section
5328 of the Welfare and Institutions Code.
(f) Involuntary mental health treatment, including involuntary medi-
cation, shall be provided only as authorized in accordance with Part 1
(commencing with Section 5000) of Division 5 of the Welfare and Insti-
tutions Code, unless involuntary treatment is otherwise authorized by
law.
NOTE: Authority cited: Sections 1250.1(a)(12)and 2367. 10(a), Health and Safety
Code. Reference: Sections 1250(i) and 1254, Health and Safety Code.
History
1. New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 784 to new
section 1 104 filed 8-31-95 pursuant to section 100, title 1, California Code of
Regulations (Register 95, No. 34).
§ 1105. MentaB Health Treatment Program — Admission and
Discharge Policies.
(a) Each mental health treatment program shall develop and imple-
ment written admission and discharge policies approved by the Govern-
ing Body encompassing which staff members authorized by law to diag-
nose and treat may admit or discharge inmate-patients, the types of
diagnoses for which inmate-patients may be admitted, limitations im-
posed by law or licensure, staffing limitations, preadmission inmate-pa-
tient screening, rules governing emergency admission, limitation of ser-
vices, termination of services, discharge of inmate-patients and other
relevant functions.
(b) No inmate-patient may be placed in a mental health treatment pro-
gram who is not admitted as an inmate-patient by a member of the mental
health treatment program staff
(c) The inmate-patient's condition, provisional diagnosis and a plan
for initial treatment shall be determined by admitting staff within 24
hours of admission.
NOTE: Authority cited: Sections 1250.1(a)(12) and 1267.10(a), Health and Safety
Code. Reference: Sections 1250(j) and 1254, Health and Safety Code.
History
1. New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 785 to new
section 1 105 filed 8-31-95 pursuant to section 100, title 1, California Code of
Regulations (Register 95, No. 34).
§ 1106. Mental Health Treatment Program—
Multldiscipfinary Treatment Team.
(a) The multidiscipHnary treatment team shall be comprised of those
persons who work directly with the inmate-patient in each of the disci-
plines or service areas that provide service to the inmate-patient, includ-
ing the clinical director or designee, a psychiatrist, a clinical psycholo-
gist, a licensed clinical social worker, a member of the nursing staff and
any other staff person who is involved in the treatment and care of the in-
mate-patient.
(b) The multidisciplinary treatment team shall provide assessment,
and any reassessment, of an inmate-patient's individual treatment plan.
NOTE: Authority cited: Sections 1250.1 (a)(12) and 1267.10(a), Health and Safety
Code. Reference: Sections 1250(i) and 1254, Health and Safety Code.
History
1. New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 786 to new
section 1106 filed 8-31-95 pursuant to section 100, title 1, California Code of
Regulations (Register 95, No. 34).
§ 1 1 07. Mental Health Treatment Program — individual
Treatment Plan.
(a) The individual treatment plan shall:
(1) Be developed in writing by the multidisciplinary treatment team
and, where possible, in collaboration with the inmate-patient. The treat-
ment plan shall be developed as soon as possible, but no later than 72
hours following the inmate-patient's admission.
(2) Be based on a comprehensive assessment of the inmate-patient's
physical, mental, emotional and social needs.
(3) Be reviewed and updated as often as indicated, but no less often
than every seven (7) days, weekends and holidays excepted, for acute
mental health inmate-patients and every thirty (30) days for nonacute
mental health inmate-patients.
(4) Include, but not be limited to:
(A) A statement of the inmate-patient's physical and mental condi-
tion, including all mental health diagnoses.
(B) Prescribed medication, dosage and frequency of administration.
(C) Specific goals of treatment with intervention and actions that iden-
tify steps toward improvement or recovery and observable, measurable
objectives.
(D) Identification of methods to be utilized, the frequency for conduct-
ing each treatment method and the person(s) or discipline(s) responsible
for each treatment method.
(E) Documentation of the success or failure in achieving stated objec-
tives.
(F) Evaluation of the factors contributing to the inmate-patient' s prog-
ress or lack of progress toward recovery and a statement of the multidisci-
plinary treatment team decision for follow-up action.
(G) An activity plan.
(H) A plan for other services needed by the inmate-patient which are
not provided by the mental health treatment program.
(I) Goals for aftercare and a plan for post-discharge follow-up.
(b) The individual treatment plan shall be in writing and be approved
by a clinical psychologist, psychiatrist, licensed clinical social worker,
licensed marriage, family and child counselor, or a psychiatric mental
health nurse designated by the clinical director.
(c) The staff shall observe and note any chances in the inmate-pati-
ent's condition and the treatment plan shall be modified in response to
the observed changes.
NOTE: Authority cited: Sections 1250.1(a)(12) and 1267.10(a), Health and Safety
Code. Reference: Sections 12500) and 1254, Health and Safety Code.
History
1. New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 787 to new
section 1107 filed 8-31-95 pursuant to section 100, title 1, California Code of
Regulations (Register 95, No. 34).
§ 1108. Mental Health Treatment Program — Services.
(a) Psychiatric and psychological services.
(1) Psychiatrists or clinical psychologists, within the scope of their li-
censure and subject to the rules of the facility, shall be responsible for the
initial diagnosis of each inmate-patient.
(2) An inmate-patient shall be evaluated by a psychiatrist as soon as
possible but not later than seventy-two (72) hours from the time staff de-
Page 2231
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§1109
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
termines that the inmate-patient requires or may require psychotropic
medication.
(h) Social work services shall be organized, directed and supervised
by a licensed clinical social worker.
(c) Mental health rehabilitation therapy services.
(1 ) Mental health treatment programs shall provide and conduct orga-
nized therapeutic social, recreational and vocational activities in accor-
dance with the interests, abilities and needs of the inmate-patient, and
will include the opportunity for exercise.
(2) Mental health rehabilitation therapy services shall be designed by
and provided under the direction of a recreational therapist, an occupa-
tional therapist, a psychiatrist, a clinical psychologist, a licensed clinical
social worker, a licensed marriage, family, and child counselor, or a psy-
chiatric mental health nurse.
(d) Aftercare plan.
(1) A written aftercare plan shall describe those services that should
be provided to an inmate-patient following discharge, transfer or release
from the mental health program for the purpose of enabling the inmate-
patient to maintain stabilization and/or achieve an optimum level of func-
tioning.
(2) Prior to or at the time of discharge, transfer or release from the men-
tal health treatment program, each inmate-patient shall be evaluated con-
cerning the inmate-patient's need for aftercare services. This evaluation
shall consider the inmate's potential in-custody housing, proximity to re-
lease from incarceration, probable need for community treatment and so-
cial services, and need for continued mental health care.
(3) Aftercare plans shall include, but not be limited to, the following:
(A) Arrangement for medication supervision and follow-up care.
(B) Referral to social, vocational or education services, if available
and appropriate.
(4) A member of the multidisciplinary treatment team designated by
the clinical director shall be responsible for ensuring that the referral of
the inmate-patient to the appropriate aftercare service has been com-
pleted and documented in the inmate-patient's health record.
(5) Arrangements for necessary community referral, placement, con-
servatorship or post-discharge care shall be made prior to release from
custody.
(6) A copy of the aftercare plan conforming to the requirements of Sec-
tion 5622 of the Welfare and Institutions Code shall be transmitted to the
local director of mental health services or a designee in the county of resi-
dence for any inmatepatient referred to community service funded by the
Bronzan-McCorquodale Act [Part 2 (commencing with Section 5600) of
Division 5 of the Welfare and Institutions Code].
(7) The inmate-patient shall receive a copy of the aftercare plan when
referred to community services.
NOTE: Authority cited: Sections 1250.1 (a)(12) and 1267.10(a), Health and Safety
Code. Reference: Sections 1250G) and 1254, Health and Safety Code.
! History
1. New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 788 to new
section 1108 filed 8-31-95 pursuant to secfion 100, title 1, California Code of
Regulations (Register 95, No. 34).
§ 1 1 09. Acute Mental Health Care.
Acute mental health care means that level of voluntary or involuntary
24 hour care that is required to provide ongoing intensive evaluation and
treatment by mental health staff to inmate-patients suffering from severe
mental disorder. Acute levels of care include, but are not limited to: (1)
treatment of acute levels of severe mental disorder or (2) clinical restraint
and seclusion. Such inmate-patients are those, who if in the community,
would require the services of a licensed health facility providing 24— hour
acute mental health care. Such facilities include but are not limited to psy-
chiatric health facilities or acute psychiatric hospitals.
NOTE: Authority cited: Sections 1250.1(a)(12) and 1267.10(a), Health and Safety
Code. Reference: Section 1250(j) and 1254, Health and Safety Code.
History
1. New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 789 to new
section 1 109 filed 8-31-95 pursuant to section 100, title 1 , Califomia Code of
Regulafions (Register 95, No, 34).
§ 1 1 1 0. Nonacute 24-Hour Mental Health Care.
Nonacute 24-hour mental health care means that level of voluntary or
involuntary care that is required to provide mental health services to men-
tally disordered inmate-patients who are not in need of acute mental
health care, but who require general mental health evaluation, diagnostic
assessment, treatment, nursing and/or related services, on a 24-hour per
day basis in order to achieve stabilization and/or an optimal level of func-
tioning. Such inmate-patients are those who, if in the community, would
require the services of a licensed health facility providing 24-hour sub-
acute mental health care. Such facilities include, but are not limited to,
skilled nursing facilities with special treatment programs. Subacute has
the same meaning as nonacute as defined in this section.
NOTE: Authority cited: Sections 1250.1(a)(]2)and 1267.10(a), Health and Safety
Code. Reference: Sections 1250(j) and 1254, Health and Safety Code.
History
1. New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 790 to new
section 1 110 filed 8-31-95 pursuant to section 100, title 1, Califomia Code of
Regulations (Register 95, No. 34).
§1111. Mental Health Treatment Program Staffing — Basic
Requirements.
(a) Each mental health treatment program shall have a clinical director
who shall be a psychiatrist, clinical psychologist, licensed clinical social
worker, licensed marriage, family and child counselor, or a psychiatric
mental health nurse operating within his or her scope of licensure. The
clinical director shall have at least three years of direct clinical experi-
ence with the severely mentally disordered (after the completion of his
or her last year of graduate education).
(b) Only that portion of correctional treatment center staff or con-
tracted employee hours spent on the care of patients in the mental health
treatment program may be counted as part of the required staffing pat-
tern.
(c) The required minimum staffing ratios shall be calculated based
upon the actual census of inmate-patients receiving 24-hour mental
health care.
(d) Mental health treatment program nursing services shall be pro-
vided under the direction of a registered nurse who shall meet at least the
following qualifications:
(1) Master's degree in psychiatric nursing or related field with experi-
ence in administration; or
(2) Two years of experience in psychiatric nursing; or
(3) Two years of experience in nursing administration or supervision
and one year of experience in psychiatric nursing.
(e) A registered nurse with experience in psychiatric nursing shall be
employed forty (40) hours per week.
(f) There shall be a registered nurse, a licensed vocational nurse or a
psychiatric technician in the mental health treatment area at all times.
(g) In addition to the minimum staffing required above, the mental
health treatment program shall employ professional and other staff on all
shifts in the number and with the qualifications to provide all necessary
services for those inmate-patients admitted for care.
(h) Clinical psychologists, licensed clinical social workers, and li-
censed marriage, family and child counselors shall be employed pursuant
to the provisions of Section 575 1 .2 of the Welfare and Institutions Code.
(i) Psychiatric postgraduate trainees, interns, residents, postdoctoral
fellows or instructors may practice psychiatric medicine under the provi-
sions of Section 2065 of the Business and Professions Code.
NOTE: Authority cited: Sections 1250.1(a)(12) and 1267.10(a), Health and Safety
Code; and Section 5751.2, Welfare and Institutions Code. Reference: Sections
1250(j) and 1254, Health and Safety Code.
History
1. New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 791 to new
section 1111 filed 8-31-95 pursuant to section 100, title 1, Califomia Code of
Regulations (Register 95, No. 34).
Page 2232
Register 2003, No. 23; 6-6-2003
Department of Mental Health
§ini
•
§ 1 11 2. Mental Health Treatment Program Staffing — Acute
Care Requirements.
Mental health treatment programs that provide acute 24-hour mental
health care shall meet the following dedicated full-time equivalent staff
to census ratios for only acute inmate-patients in any 24-hour period.
These are minimum requirements of the total numbers of persons to staff
all shifts in any 24-hour period. Staff required by earlier sections of this
chapter for the disciplines listed in this section may be counted toward
meeting the staffing pattern required in this section for that portion of
their time that is spent in caring for acute patients. The above staffing re-
quirements in this section for registered nurse, licensed vocational nurse.
or psychiatric technician are to be followed instead of the requirement of
2.5 nursing hours per patient day required for other correctional treat-
ment center inmate-patients. That portion of the time of a psychiatric
mental health nurse that is counted toward one category of the staffing
requirements shall not be counted towards another category of the staff-
ing requirements. Unlicensed custody staff, to the degree they do work
that would otherwise be done by mental health workers and who meet the
qualifications of mental health workers, as defined in Title 22, Section
79547, may be counted toward the mental health worker requirement.
The following chart specifies acute care staffing requirements in relation
to the acute mental health care inmate-patient census.
Acute Mental Health Care Census:
1-5
Staff:
Psychiatrist or Clinical
Psychologist or Licensed
Clinical Social Worker or
Licensed Marriage,
Family and Child
Counselor, or Psychiatric
Mental Health Nurse
.5
6-10
11-20
21-30
31^0
41-50
51-60
61-70
71-80
81-90
91-100
10
•
Registered Nurse or
Licensed Vocational
Nurse or Psychiatric
Technician 3
4
5
6
8
10
12
14
16
18
20
Mental Health
Worker 1.5
3
5
8
10
13
15
18
20
23
25
TOTALS 5
8
12
17
22
28
33
39
44
50
55
NOTE: Authority cited: Sections 1250.1(a)(12)and 1267.10(a), Health and Safety
Code. Reference: Sections 1250(j) and 1254, Health and Safety Code.
History
1 . New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 792 to new
section 1112 filed 8-31-95 pursuant to section 100, title 1, California Code of
Regulations (Register 95, No. 34).
§ 1 11 3. Mental Health Treatment Program
Staffing — Nonacute Care Requirements.
Nonacute 24-hour mental health care may be provided by any correc-
fional treatment center meeting the basic staffing requirements specified
in 22 CCR Section 79631, Nursing Service- Staff Required Services, in-
cluding the requirements for 2.5 nursing hours per patient day, and by the
Mental Health Treatment Program Staffing — Basic Requirements, set
forth in Section 791.
NOTE: Authority cited: Sections 1250.1(a)(]2)and 1267.10(a), Health and Safety
Code. Reference: Sections 1250(j) and 1254, Health and Safety Code.
History
1. New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 793 to new
section 1 1 13 filed 8-31-95 pursuant to section 100, title 1, California Code of
Regulations (Register 95, No. 34).
§ 1 1 1 4. Mental HeaSth Treatment Program — Space.
Space shall be provided for the conduct of the mental health treatment
program and shall include:
(1) A consultation room for interviewing.
(2) An observation room for acutely disturbed inmate-patients.
(3) Indoor or outdoor facilities for therapeutic acfivities.
NOTE: Authority cited: Sections 1250.1(a)(12)and 1267.10(a), Health and Safety
Code. Reference: Sections 1250(j) and 1254, Health and Safety Code.
History
1. New secfion filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 794 to new
section 1 1 14 filed 8-31-95 pursuant to section 1 00, title 1 , California Code of
Regulations (Register 95, No. 34).
§ 1115. Clinical Restraint, Treatment Restraint, and
Clinical Seclusion.
(a) Written policies and procedures concerning the use of clinical re-
straint, treatment restraint, and clinical seclusion shall be developed and
approved by the correctional treatment center administration.
(b) Clinical restraint and clinical seclusion shall be based on a written
or verbal order of a psychiatrist or clinical psychologist. Clinical restraint
shall additionally require a physician's or physician's assistant's, or
nurse pracUUoner's written or verbal approval operating under the super-
vision of a physician. The order shall include the reason for restraint or
seclusion and the types of restraints. Under emergency circumstances,
clinical restraint or clinical seclusion may be applied and then an approv-
al and/or an order shall be obtained as soon as possible, but at least within
one hour of applicaUon. Emergency circumstances exist when there is a
sudden marked change in the inmate-patient's condition so that action
is immediately necessary for the preservation of life or the prevention of
serious bodily harm to the inmate-patient or others, and it is impractical
to first obtain an order and approval. Telephone orders and approvals for
clinical restraint and clinical seclusion shall be received only by licensed
medical and mental health care staff, shall be recorded immediately in the
inmate-patient's health record, and shall be signed within twenty-four
(24) hours.
(c) A physician shall complete a medical assessment of an inmate-pa-
tient at the earliest opportunity but not later than twenty four (24) hours
after the inmate-patient has been placed in a clinical restraint or cHnical
seclusion.
(d) Clinical restraint, treatment restraint and clinical seclusion shall
only be used as a measure to prevent injury to self or others. Clinical re-
straint, treatment restraint and clinical seclusion shall only be used when
less restricfive alternative methods are not sufficient to protect the in-
mate-patient or others from injury, and shall not be used as punishment
or as a substitute for more effecfive programming or for the convenience
of the staff. Removing an inmate-patient from an acdvity or area to
another unlocked area for a period of time as a way to use separation as
a behavioral modification technique shall not be considered clinical se-
clusion.
Page 2233
Register 2003, No. 23; 6-6-2003
§1550
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(e) Each order for clinical restraint and clinical seclusion shall be in
force no longer than twenty-four (24) hours.
(1) There shall be no PRN orders (as needed orders) for clinical re-
straint and clinical seclusion.
(g) An inmate-patient placed in a clinical restraint shall be physically
checked at least every fifteen (15) minutes by nursing staff to assure that
the restraints remain properly applied, that circulation is not impaired,
that the inmate-patient is not in danger of harming himself or herself, and
that other medical problems are not present. Ruids and nourishment shall
be provided every two (2) hours, except during sleep. An opportunity to
use a toilet or. when necessary, an alternative shall be provided every two
hours, except during sleep. An inmate-patient placed in clinical seclu-
sion shall be checked by nursing staff at least every fifteen (15) minutes.
Routine range of motion exercises shall be done with clinically restrained
inmate-patients for at least ten (10) minutes every two hours. A written
record shall be kept of these checks and exercises, and maintained in the
individual inmate-patient health record.
(h) The inmate-patient's health record shall include written justifica-
tion for the application of clinical restraints, note the times of application
and removal of clinical restraints and document the inmate-patient's sta-
tus, the judgment of a physician or clinical psychologist on the necessity
of continuing the order, and the approval of a physician on the medical
safety of the continuation of restraints at a minimum of once every twen-
ty-four (24) hours.
(i) Clinical and treatment restraints shall be used in such a way as to
minimize the risk of physical injury to the inmate-patient and to ensure
the least possible discomfort. The minimum necessary force shall be
used. Belts and cuffs shall be well padded.
(j) Clinical restraints shall be placed on inmate-patients only in an area
that is under direct observation of staff. Such inmate-patients shall be af-
forded protection from other inmate-patients who may also be in the
area.
NOTE: Authority cited: Sections 1250.1(a)(12)and 1267.10(a), Health and Safety
Code. Reference: Sections 1250(j) and 1254, Health and Safety Code; and Section
5325, Welfare and Institutions Code.
History
1 . New section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without regulatory effect renumbering former section 795 to new
section 1115 filed 8-31-95 pursuant to section 100, title 1, California Code of
Regulations (Register 95, No. 34).
Chapter 8. Recovery Houses
NOTE: Authority cited: Sections 11217, Health and Safety Code and Sections
4351-4355 and 4360, Welfare and Institutions Code. Reference: Section 11217,
Health and Safety Code, and Sections 4350-4370.5, Welfare and Institutions
Code.
History
1. New Subchapter 8 (Sections 1500 through 1540, not consecutive) filed
3-15-73; effective thirtieth day thereafter (Register 73, No. 11).
2. Repealer of Subchapter 8 (Articles 1-5, Sections 1500-1540, not consecutive)
filed 3-3-82; effecfive thirtieth day thereafter (Register 82, No. 10). For prior
history, see Registers 78, No. 44; and 78, No. 26.
Chapter 9. Audit Appeals of Community
Mental Health Services Under the
Short-Doyle Act
Article 1. Definitions
§ 1550. Policy.
Upon conclusion of any audit or examination by or on behalf of the De-
partment of Mental Health or its predecessors, of records or reports of a
Local Mental Health Service as defined in subchapter 3, efforts will be
made to resolve and reconcile all differences with the Local Mental
Health Service. When such differences cannot be resolved, the audit or
examination findings shall not be final except as set forth in this article.
NOTE: Authority ciied: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
History
l.New subchapter 9 (Sections 1550-1590, not consecufive) filed 8-31-79, effec-
tive thirtieth day thereafter (Register 79, No. 35).
§1551. Definitions.
The following definitions shall govern the construction of sections
1550 through 1590.
(a) Act. "Act" means part 2 of division 5 of the Welfare and Institu-
tions Code, known as the Short-Doyle Act.
(b) Director. "Director" means the Director of the Department of
Mental Health unless otherwise specified.
(c) Local Director. "Local Director" means the administrator or di-
rector of the Local Mental Health Service appointed by the governing
body.
(d) Department. "Department" means the State Department of Men-
tal Health.
(e) May, Shall, and Should. "May" is permissive. "Shall" is manda-
tory. "Should" means suggested or recommended.
(f) Date of Receipt. The ' 'Date of Receipt' ' shall be the date of signed
certified mail receipt. A mailing by the Department shall be properly ad-
dressed if addressed to the last address of record with the Department.
(g) Location. The "location" of informal conferences and hearings
shall be:
The County of San Francisco for Local Mental Health Service in the
1st Appellate District which includes the following counties:
Alameda Lake Napa Santa Clara
Contra Costa Marin San Benito Santa Cruz
Del Norte Mendocino San Francisco Solano
Humboldt Monterey San Mateo Sonoma
The County of Los Angeles for Local Mental Health Service in the 2nd
or 4th Appellate District which includes the following counties:
2nd Appellate District
Los Angeles San Luis Obispo Santa Barbara Ventura
4th Appellate District
Orange Inyo San Bernardino San Diego
Riverside Imperial
The County of Sacramento for Local Mental Health Service in the 3rd
or 5th Appellate District which includes the following counties:
3rd Appellate District
Alpine Glenn Plumas Sutter
Amador Lassen Sacramento Tehama
Butte Modoc San Joaquin Trinity
Calaveras Mono Shasta Yolo
Colusa Nevada Sierta Yuba
El Dorado Placer Siskiyou
5th Appellate District
Kings Mariposa
Merced
Fresno
Kern
Madera
Stanislaus
Tulare
Tuolumne
Notwithstanding the above, the parties by mutual agreement may se-
lect any place within the State.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Insfitutions Code.
Article 2. informal Conference
§ 1555. Time for Filing Request
If a Local Mental Health Service disputes any audit or examinafion
findings, the Local Mental Health Service may file a request within sixty
(60) days of the date of receipt of the written notice of the audit or exami-
nation findings that the Department of Mental Health conduct an infor-
mal conference. This request may be amended at any dme during this
sixty (60)-day period. A request shall be deemed filed on the date it is
delivered or mailed to the Director. If no such request is made, the audit
or examination findings shall then be final.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
History
1. Editorial correction filed 10-26-82 (Register 82, No. 44).
•
Page 2234
Register 2003, No. 23; 6-6-2003
Title 9 Department of Mental Health § 1SS7
§1555. Contents of Request §1557. Informal Conference.
The request shall be in writing and shall be known as the "Statement The Department shall schedule an informal conference within thirty
of Disputed Issues' ' . It need not be formal, but it shall be specific as to (30) calendar days and shall conduct the informal conference within two-
the issues which are in dispute, and it shall set forth the LdCcil Mental hundred ten (210) calendardays following receipt ofthe request therefor.
Health Service's contentions as to those issues. The informal conference shall be held at the locations defined in section
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
HP
[The next page is 23.]
Page 2235 Register 2003, No. 23; 6-6-2003
Title 9
Department of Mental Health
§15(1
1551. Notice of the time and place of the informal conference shall be
given in writing by the Department to the Local Mental Health Service
at least fifteen (15) calendar days in advance of the conference. The re-
sults of the informal conference shall, within forty-five (45) calendar
days from the close of the conference, be mailed to the Local Mental
Health Service in the form of a written letter of findings. The time limits
in this .section may be extended by mutual agreement of the Local Mental
Health Service and the Department.
NOTE; Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
fidavit stating in detail the grounds upon which it is claimed that a fair and
impartial hearing cannot be given, or that the hearing officer has an inter-
est in the proceedings. The hearing officer shall immediately present the
affidavit to the Director who will initiate an investigation into the allega-
tions and shall advise the complaining party, in writing, of his or her deci-
sion. A copy of this decision shall be mailed to the other parties.
If the Director is able to conveniently reassign the case to another hear-
ing officer, no investigation shall be required.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
Article 3= Filing of Appeal
§ 1560. Audit Appeal Heairing.
If upon receipt of the written letter of findings the Local Mental Health
Service continues to dispute any matter which was in issue at the informal
conference, the Local Mental Health Service may appeal to the Director
for a hearing conducted by a hearing officer designated by the Director.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§ 1 561 . Time for FiSing Appeal.
The Local Mental Health Service shall have thirty (30) calendar days
following the date of receipt of the letter of findings within which to file
an appeal with the Director. An appeal shall be deemed filed on the date
it is delivered or mailed to the Director. The time limits in this section
may be extended by mutual agreement of the Local Mental Health Direc-
tor and the Department.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§ 1 562. Denial of Late Appeal.
If an appeal under section 1561 is filed after the time permitted herein,
a decision shall be issued denying the appeal unless the Local Mental
Health Service shows good cause for the late filing. The determination
of what consfitutes good cause is solely within the discretion of the Direc-
tor.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Section 5700.1 and 5712, Welfare and Institutions Code.
§ 1563. Form of Appeal.
An appeal shall be in writing, signed by the Local Director or his or
her authorized agent, and shall state the address of the Local Mental
Health Service and of the agent, if any. An original and a copy of the ap-
peal shall be submitted. The designation of an agent must be in writing
by the Local Mental Health Director.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§1564. Contents of Appeal.
An appeal need not be formal, but it shall be specific as to the issues
which continue to be in dispute and shall set forth the Local Mental
Health Service's contentions as to those issues. If an appeal fails to state
the specific grounds upon which it is based, the Local Mental Health Di-
rector or authorized agent shall be notified that it does not comply with
the requirement of this section. Within fifteen (15) calendar days after the
date that such notice is received, an amended appeal may be filed. If,
within the time permitted, the Local Mental Health Director or the autho-
rized agent fails to amend the appeal, the appeal shall be dismissed.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
Article 4. Formal Appeal Hearing
§ 1565. Disqualification of Hearing Officer.
A hearing officer shall voluntarily disqualify himself or herself and
withdraw from any proceedings in which he or she has an interest. A
party may request the disqualification of a hearing officer by filing an af-
§ 1566. Joinder of Successive AppeaSs.
If, at the time any appeal is filed, one or more prior appeals by the same
Local Mental Health Service involving the same or similar issues have
not been heard by a hearing officer, such prior appeals may be combined
with the last appeals filed and the hearing officer may issue a single deci-
sion.
If this procedure is undertaken, notice must first be given to the other
party or parties involved and agreement must be mutual and in wrifing.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§1567. Scheduling of Hearings.
(a) Hearings shall be scheduled within thirty (30) calendar days from
receipt of the appeal request under secdon 1561 and shall be set for a rea-
sonable time thereafter, at such locafions defined in section 1551.
(b) Written notice of the time and place of the hearing on an appeal
shall be mailed to each party by the hearing officer at least fifteen (15)
calendar days before the date of the hearing. The notice period may be
shortened with the consent of all parties.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§ 1568. Witnesses and Subpoenas.
(a) A party shall arrange for his or her witnesses to be present at the
hearing.
(b) A subpoena may be issued by a hearing officer on his or her own
motion.
(c) A subpoena to compel the attendance of a witness may be issued
by a hearing officer upon written request made by a party and a showing
of the need therefor.
(d) An application for a subpoena duces tecum ordering a witness to
produce books, papers, correspondence, memoranda, or other records
shall be made by affidavit to a hearing officer. The application should
contain:
(1) the name and address of the person or entity upon whom the sub-
poena is to be served,
(2) a description of the documents, paper, books, accounts, letters,
photographs, objects, or other tangible things which are not privileged
and which should be produced,
(3) a showing of the materiality of these items to the issue(s) involved
in the proceedings, and
(4) a statement indicating that, to the best of applicant's knowledge,
the witness has such items in his or her possession or under his or her con-
trol.
(e) Each party shall arrange for the service of all subpoenas issued to
him or her. A copy of the affidavit for the subpoena duces tecum shall be
served with the subpoena.
(f) With the exception of employees of the Department, witnesses who
are subpoenaed for any hearing are entitled to the fees and mileage reim-
bursements set forth in section 68093 of the Government Code. A written
request must be filed with the hearing officer not later than ten (10) calen-
dar days after the date on which the witness appeared at the hearing. If
a request is not filed within ten (10) calendar days, no fees or mileage re-
imbursement shall be allowed.
NOTE; Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
Page 23
(4-1-90)
§1569
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
§ 1569. Consolidation of Proceedings.
Any number of proceedings may be consolidated for hearing or deci-
sion when the facts and circumstances are similar and no substantial right
of any party will be prejudiced.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§ 1570. Severance of Issues.
The hearing officer may, upon the motion of any party, or upon his or
her own motion, proceed to the iiearing of any issue or issues where it is
found that the decision of that issue or issues could abate further proceed-
ings on the appeal.
(a) An interlocutory decision on that separately heard issue may be
prepared by the hearing officer and adopted by the Director as his or her
final decision on the specified issue.
(b) The hearing on any remaining issues presented by the Local Mental
Health Service's appeal may be postponed until this interlocutory deci-
sion has been issued.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§1571. Preparation for Hearing.
A party appearing at a hearing before a hearing officer shall have his
or her evidence prepared and witnesses present and be ready to proceed.
The hearing officer, if he or she deems it necessary for a party's prepara-
tion or hearing may, on reasonable notice, require either or both parties
to submit a written statement of their contentions and the reasons there-
for. A copy of such written statement shall be provided to all parties.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§ 1 572. Conduct of Hearing.
(a) Testimony shall be taken only by oath or affirmation and under
penalty of perjury.
(b) Each party shall have the right to call and examine parties and wit-
nesses, to introduce exhibits, to question opposing witnesses and parties
on any matter relevant to the issue even though the matter was not cov-
ered in the direct examination, to impeach any witness regardless of
which party first called that witness to testify, and to rebut evidence.
(c) Any relevant evidence shall be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statuto-
ry rule which might make the admission of such evidence improper, over
objection, in civil or criminal actions.
(d) A hearing officer may order the taking of interrogatories and depo-
sitions, and assess the expense to the requesting party when the hearing
officer deems it proper.
(e) A hearing officer may question any party or witness and may admit
any relevant and material evidence.
(f) The hearing officer shall control the taking of evidence in a manner
best suited to ascertain the facts and safeguard the rights of the parties.
Prior to taking evidence, the hearing officer shall explain the issues and
the order in which evidence will be received.
(g) A party has the burden of proving whatever facts it must establish
to sustain its position.
(h) The burden of producing evidence as to a particular fact is on the
party against whom a finding on that fact would be required in the ab-
sence of further evidence.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§ 1573. Official and Judicial Notice.
(a) The hearing officer shall take official notice of those matters which
must be judicially noticed by a court under section 45 1 of the Evidence
Code. The hearing officer may take official notice of those matters set
forth in section 452 of the Evidence Code.
(b) Each party shall be given reasonable opportunity to present infor-
mation relevant to the propriety of taking official notice, and the matters
to be noticed.
NOTE: Authority cited: Sections 5400 and 5750, Welfaie and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§1574. Department Records.
(a) A hearing officer may order the production or inspection of any re-
cords in the possession of the Department when necessary to decide the
issues in any proceeding before a hearing officer or to assist a party in pre-
paring for the proceedings.
(b) A request by a party for an order to produce or inspect Department
records shall be in writing and shall state clearly the information desired,
the records desired to be produced or inspected, and the reason(s) there-
for.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Insritutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§ 1575. Continuance of Hearings; Further Hearing.
A hearing officer may continue a hearing to another time or place on
his or her own motion or, upon a showing of good cause, at the request
of any party. Written notice of the time and place of the continued hear-
ing, except as provided in this section, shall be in accordance with re-
quirements set forth in other parts of this subchapter. When a continuance
is ordered during a hearing, oral notice of the time and place of the contin-
ued hearing may be given to each party present at the hearing. Notice
thereof shall be given in accordance with this subchapter.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and In.stitutions Code.
§ 1576. Continuance for Additional Evidence.
If, after a hearing has begun, the hearing officer determines that addi-
tional evidence is necessary to decide the case, the hearing officer may:
(a) Continue the hearing to a later date and order either party to pro-
duce additional evidence, or
(b) Close the hearing and hold the record open in order to perinit the
introduction of additional documentary evidence. Any material sub-
mitted after the close of the hearing shall be made available to both parties
and each party shall have the opportunity for rebuttal. The hearing officer
may order a further hearing if the nature of the additional evidence or the
refutation thereof makes a further hearing desirable.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§ 1 577. Representation at a Hearing.
A hearing officer may refuse to allow any person to represent a party
in any hearing when such person engages in unethical, disruptive, or con-
temptuous conduct, or intentionally fails to comply with the proper in-
structions or orders of the hearing officer or the provisions of this sub-
chapter.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§ 1578. Oral Argument and Briefs.
At the request of any party made prior to the close of the hearings, the
hearing officer may grant oral argument. If written argument is re-
quested, it may be granted and parties shall be advised as to the time and
manner within which such argument is to be filed. The hearing officer
may, at his or her own discretion, require any party to submit written
memoranda pertaining to any or all issues raised in the hearing.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§1579. Decision.
(a) At the conclusion of the hearing or rehearing pursuant to this sec-
tion, the hearing officer shall take the matter under submission and within
forty-five (45) calendar days thereafter submit to the Director a proposed
decision that may be adopted as the final decision of the Director pro-
vided, however, that the proposed decision in any dispute involving ser-
vices provided under part 2 of division 5 of the Welfare and InsUtufions
Code shall be first submitted to the Director of Health Services, who, no
later than ten (10) days after receipt, shall forward the proposed decision
with his or her written comments, if any, to the Director. The proposed
decision shall be in writing and shall contain findings of fact, a determina-
Page 24
(4-1-90)
Tntle 9
Department of Mental Health
tion of the issues presented, and an order. The Director may adopt the pro-
posed decision without reading or hearing the record, or he or she may
reject the proposed decision and have a decision prepared based upon the
record, or he or she may remand the matter to the hearing officer for a re-
hearing to take additional evidence.
(b) The Director shall, within twenty (20) calendar days of the receipt
of the proposed decision, take action as set forth in subsection (a) of this
section. Tlie decision shall be final upon adoption by the Director. Copies
of the decision of the Director shall be mailed to the Local Mental Health
Service and any representative thereof.
(c) A decision shall be issued dismissing the appeal if a Local Mental
Health Director or the authorized agent fails to appear at a hearing. A
copy of the decision shall be mailed to each party together with a state-
ment of the Local Mental Health Service's right to reopen the appeal.
(d) Any decision disinissing an appeal may be rescinded if the Local
Mental Health Director makes an application in writing within ten (10)
calendar days after personal service, or the date of receipt of such deci-
sion, showing good cause for the failure to appear at the hearing. Lack
of good cause will be presumed when a continuance of the hearing was
not requested promptly upon discovery of the reasons for failure to ap-
pear at the hearing.
(e) The parties shall be notified in writing of an order granting or deny-
ing any application to rescind a dismissal.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
eie 5. Recovery of Overpayments
§ 1585. Recovery of Overpayments to LocaS Mental Health
Servsce.
(a) Any overpayment to a Local Mental Health Service determined by
audit or examination to be due and payable shall be liquidated by the De-
partment by offset against current payments due to the Local Mental
Health Service.
(b) Notwithstanding subsection (a) the Department and the Local
Mental Health Service may execute an agreement which provides an al-
ternate repayment schedule.
(c) This section shall not be construed to preclude the Department
from utilizing any other method of recovery available by law, as deemed
appropriate by the Director.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
§1586. Tome of Recovery.
The Department shall begin recovery of an overpayment, as set forth
in section 1585, sixty-one (61) calendar days after notice of the audit
findings, unless:
( 1 ) The Local Mental Health Service files a timely request for an infor-
mal conference, in which case recovery will take place thirty-six (36)
calendar days from the date of mailing of a letter of findings, or
(2) The Local Mental Health Service files a timely appeal, in which
case recovery will take place fifteen (15) calendar days from the date of
mailing of the decision of the Director.
NOTE; Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
Article 6= Paymerits
§1590. Underpayments.
In the event of an underpayment to a Local Mental Health Service due
to a denied appeal which is subsequently overturned, the Department
shall be responsible for the prompt filing of all required claims with the
State Board of Control to obtain the necessary appropriation and approv-
al to make payment.
NOTE: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code.
Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
Chapter 10. Medi-Ca8 Psychiatric inpatient
Hospital Services
Article 1.
Definitions, Abbreviations and
Program Terms
§ 1700. Acute Psychiatric inpatient Hospital Services.
"Acute Psychiatric Inpatient Hospital Services" means medically nec-
essary services received in a psychiatric inpatient hospital by a beneficia-
ry while not on administrative day services.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777 and 14684, Welfare and Institutions Code.
History
1. New Chapter 10, Article 1, (sections 1700 through 1722) and section filed
12-30-94 as an emergency; operative 1-1-95 (Register 94, No. 52). Notwith-
standing Chapter 3.5 (commencing with Section 1 1340) of Part I of Division
3 of Title 2 of the Government Code, a Certificate of Compliance must be trans-
mitted to OAL by June 30, 1995, pursuant to Section 7, Chapter 633, Statutes
of 1994, or emergency language will be repealed by operation of law on the fol-
lowing day.
2. New chapter 10, article 1 and section refiled 6-30-95 as an emergency; opera-
tive 7-1-95 (Register 95, No. 26). A Certificate of Compliance must be trans-
mitted to OAL by 10-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
3. New Chapter 10, Article 1 (sections 1 700 through 1722) and section continued
8-3-95 as an emergency pursuant to Chapter 305, Statutes of 1995, Section 24,
stating that these emergency regulations remain in effect until July 1, 1996, or
until the regulations are made permanent, whichever occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New Chapter 10, Article I (secfions 1700 through 1722) and section continued
7-15-96 as an emergency pursuant to Chapter 162, Statutes of 1996, Section
4440-103-0001, Provision 4, stating that these emergency regulations shall re-
main in effective until July 1 , 1 997, or until the regulations are made permanent,
whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1701. Administrative Day Service.
"Administrative Day Services" means services authorized by a Mental
Health Plan's Point of Authorization or a Short-Doyle/Medi-Cal provid-
er's Utihzation Review Committee that is acting as a Point of Authoriza-
tion, for a beneficiary residing in a psychiatric inpatient hospital when,
due to a lack of residential placement options at appropriate, non-acute
treatment facilities as identified by the Mental Health Plan, the beneficia-
ry' s stay at the psychiatric inpatient hospital must be continued beyond
the beneficiary's need for acute psychiatric inpatient hospital services.
NOTE: Authority cited: Secfion 14680, Welfare and Institutions Code. Reference:
Sections 5777 and 14684, Welfare and Institufions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Secfion 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New secfion refiled 6-30-95 as an emergency; operafive 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language wUl be repealed by operation of law on the following
day.
3. New secfion continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulafions remain in ef-
fect until July 1, 1996, or undl the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Secfion 4440-103-0001, Provision 4, stafing that these emergen-
cy regulations shall remain in effective until July 1 , 1997 , or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
fion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
Page 25
Register 97, No. 27; 7-4-97
§1702
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
§1702. Beneficiary.
"■Beneficiary" means any person certified as eligible under the Medi-
Cal Program according to Section 51001, Title 22, California Code of
Regulations.
NOTE: Authority cited: Section 14680, Welfaie and Institutions Code. Reference:
Sections 5777 and 14684, Welfare and Institutions Code.
History
1 . New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1 995. Secfion 24, stating that these emergency regulations remain in ef-
fect unfil July 1, 1996, or unfil the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transinitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
aje made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
§1703. Contract Hospital.
"Contract Hospital" means a provider of psychiatric inpatient hospital
services which is certified by the Department of Health Services to pro-
vide Medi-Cal services, and which has a contract with a specific Mental
Health Plan to provide psychiatric inpatient hospital services to benefi-
ciaries.
NOTE: Authority cited: Section 14680, Welfare and Insdtutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of ] 995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1 704. Culturally Competent Services.
"Culturally Competent Services" means a set of congruent behaviors,
attitudes and policies in a system or agency to enable effective service
provision in cross-cultural settings. These behaviors, attitudes and poli-
cies shall be designed to foster a climate that will provide services which
recognize and are sensitive to cultural diversity.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language wi II be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transinitted to OAL by lC^28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating thai these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62. Stat-
utes of 1996, Secfion 4440-103-0001, Provision 4, stafing that these emergen-
cy regulations shall remain in effective unfil July 1 , 1997. or unfil the regulafions
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including repealer of former
section 1704 and renumbering and amendment of former secfion 1705 to new
section 1704, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97. No.
27).
§1705. Department.
"Department" means the State Department of Mental Health.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5775, 5777, 5778, 14680 and 14684, Welfare and Insfilutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part ] of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operafive 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operafion of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Secfion 24, stafing that these emergency regulafions remain in ef-
fect until July 1, 1996, or undl the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-1 03-0001, Provision 4, stafing that these emergen-
cy regulafions shall remain in effecfive until July 1 , 1997, or unfil the regulations
are made permanent, whichever occurs fu'st.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer secfion 1705 to 1704 and renumbering of secfion 1706 to new section 1705,
transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1706. Disproportionate Share Hospital (DSH).
"Disproportionate Share Hospital (DSH)" means a provider as defined
in Section 1923(b)(1) of the Social Security Act, 42 USC 1396 r-4.
NOTE: Authority cited: Section 14680, Welfare and Insdtutions Code. Reference:
Section 14680, Welfare and Institufions Code.
History
1 . New secfion filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part ] of Division 3 of Tide 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
afion of law on the following day.
2. New section refiled 6-30-95 as an emergency; operafive 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New secdon continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Secfion 24, stafing that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Secfion 4440-103-0001, Provision 4, stating that these emergen-
cy regulafions shall remain in effective unfil July 1 , 1 997, or until the regulafions
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1706 to 1705 and new secdon 1706, transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
Page 26
Register 97, No. 27; 7-4-97
Department of Mental Health
§1711
§ 1707. Fee-!or-Service/Medi-Cal Provider.
"Fee-for-Service/Medi-Cal Provider" means a provider who submits
reimbursement claims for Medi-Cal psychiatric inpatient hospital ser-
vices through the fiscal intermediary.
NOTE; Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 14680 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1708. Fiscal intermediary.
"Fiscal Intermediary" means the entity which has contracted with the
Department of Health Services to perform services for the Medi-Cal Pro-
gram pursuant to Section 14104.3 of the Welfare and Institutions Code.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778, 14104.3 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New secfion continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1, 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
§1709. Hospital
"Hospital" means an institution, including a psychiatric health facility,
that meets the requirements of Section 51207, Title 22, California Code
of Regulations.
NOTE: Authority cited: Section 14680, Welfare and Insfitutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and InsUtufions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiied 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Comphance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7- 1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Secdon 4440-103-0001 , Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
§ 1710. Hospital-Based Ancillary Services.
"Hospital-Based Ancillary Services" means services, which include
but are not limited to electroconvulsive therapy (ECT) and magnetic res-
onance imaging (MRI), that are received by a beneficiary admitted to a
psychiatric inpatient hospital, other than routine services.
NotE: Authority cited; Section 14680, Welfare and Institutions Code. Reference:
Sections 5777 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Secfion 1 1340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
phance must be transmitted to OAL by June 30, 1995, pursuant to Secfion 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
afion of law on the following day.
2. New secfion refiled 6-30-95 as an emergency; operafive 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section confinued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect unfit July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7- 1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stafing that these emergen-
cy regulations shall remain in effecfive until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1 71 1 . Implementation Plan for Psychiatric Inpatient
Hospital Services.
Implementation Plan for Psychiatric Inpatient Hospital Services"
means a written description submitted to the Department by the Mental
Health Plan and approved by the Department which specifies the proce-
dures which will be used by a prospective Mental Health Plan to provide
psychiatric hospital services as described in this chapter.
NOTE: Authority cited: Section 14680, Welfare and Insfitutions Code. Reference:
Secfions 5778, 5779 and 14684, Welfare and Institufions Code.
History
1. New section filed 12-30-94 as an emergency; operafive 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Secfion 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
afion of law on the following day.
2. New section refiled 6-30-95 as an emergency; operafive 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transinitted to OAL by 1 0-28-95
or emergency language will be repealed by operafion of law on the following
day.
3. New secfion confinued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Secfion 24, stating that these emergency regulations remain in ef-
fect unfil July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New secfion continued 7-15-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stafing that these emergen-
cy regulafions shall remain in effecfive until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
Page 26.1
Register 97, No. 27; 7-4-97
§1712
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
§1712. Medi-Cal Managed Care Plan.
"Medi-Cal Managed Care Plan" means an entity contracting with the
Department of Health Services to provide services to beneficiaries under
Chapter 7, commencing with Section 14000 or Chapter 8, commencing
with Section 14200 of Division 9, Part 3 of the Welfare and Institutions
Code.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684. Welfaie and Institutions Code.
History
1 . New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 1 1.340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95.
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995. Section 24, stating that these emergency regulafions remain in ef-
fect until July 1 , 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective unfil July 1, 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
§ 1713. Mental Health Plan.
"Mental Health Plan" (MHP) means an entity which enters into an
agreement with the Department to contract, arrange and/or provide psy-
chiatric inpatient hospital services for beneficiaries. An MHP may be a
county, counties acting jointly or another governmental or nongovern-
mental entity.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5775, 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New secfion filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part I of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994. or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1 , 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1 996, Section 4440-103-0001 , Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1714. Mental Health Plan (MHP) of Beneficiary.
"MHP of beneficiary" means the MHP responsible for authorizing and
paying the required matching funds for psychiatric inpatient hospital ser-
vices for beneficiaries. The responsible MHP shall be determined by the
beneficiary's county of residence code as listed in the Medi-Cal Eligibil-
ity Data System (MEDS) file.
NOTE; Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
! History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part ;1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30. 1995, pursuant to Section 7,
Chapter633, Statutes of 1994, oremergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operafive 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stafing that these emergency regulations remain in ef-
fect unfil July 1, 1996, or unfil the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001 , Provision 4, stating that these emergen-
cy regulations shall remain in effecfi ve until July 1 , 1 997, or unfil the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 1 2-30-94 order, includins repealer and new sec-
fion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1 71 5. MHP Payment Authorization.
"MHP Payment Authorization" means the initial process in which re-
imbursement for services provided by a psychiatric inpatient hospital to
a beneficiary is authorized in writing by the MHP. In addition to the MHP
payment authorization, the claim must meet all other Medi-Cal require-
ments prior to payment.
NOTE: Authority cited: Section 14680, Welfare and Insfitutions Code. Reference:
Secfions 5777, 5778 and 14684, Welfare and Institufions Code.
History
1. New section filed 12-30-94 as an emergency; operafive 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Secfion 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operafive 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section confinued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect unfil July I, 1996, or until the regulafions are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New secfion continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective unfil July 1 , 1 997, or unfil the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer secfion 1715 to secfion 1716 and new section 1715, transmitted to OAL
5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1 71 6. Non-contract Hospital.
"Non-contract Hospital" means a provider of psychiatric inpatient
hospital services which is certified by the Department of Health Services
to provide Medi-Cal services but which does not have a contract with a
specific MHP to provide psychiatric inpatient hospital services to benefi-
ciaries.
NOTE: Authority cited: Section 14680, Welfare and Institufions Code. Reference:
Secfions 5775. 5777 and 14684, Welfare and Insfitutions Code.
History
1 . New secfion filed 12-30-94 as an emergency; operafive 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Tide 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, oremergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1 995, Section 24, stafing that these emergency regulafions remain in ef-
fect unfil July 1, 1996, or until the regulafions are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
•
Page 26.2
Register 97, No. 27; 7-4-97
Department of Mental Health
§1720
•
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1716 to section 1717 and renumbering and amendment of former
section 1715 to new section 1716, transmitted to OAL 5-30-97 and filed
7-1-97 (Register 97, No. 27).
§ 1 711 7. Point of AuthorizatSon.
"Point of Authorization" means the function within the MHP that is
required to receive provider communications twenty-four hours a day,
seven days a week regarding requests for MHP payment authorization of
psychiatric inpatient hospital services for beneficiaries and authorizes
payment for those services. This function may be assigned to a person,
an identified staffing unit, a committee, or an organizational executive
who may delegate the authorization functions.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference;
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be Uansmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 17 1 7 to section 1718 and renumbering and amendmeiit of former
section 1716 to new section 1717, transmitted to OAL 5-30-97 and filed
7-1-97 (Register 97, No. 27).
§1718.
"Provider" means a hospital, certified by the Department of Health
Services to be a Medi-Cal provider, whether a Fee-for-Service/Medi-
Cal or a Short-Doyle/Medi-Cal provider, which provides psychiatric in-
patient hospital services to beneficiaries.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5775, 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs fu^st.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1718 to section 1719 and renumbering and amendment of former
section 1717 to new section 1718, transmitted to OAL 5-30-97 and filed
7-1-97 (Register 97, No. 27).
§ 1719. Psychiatric Inpatient Hospital! Services.
"Psychiatric Inpatient Hospital Services" means both acute psychiat-
ric inpatient hospital services and administrative day services provided
in a general acute psychiatric inpatient hospital, or a free-standing psy-
chiatric hospital which are certified by Department of Health Services to
be Medi-Cal providers or a psychiatric health facility that is licensed by
the Department and certified by the Department of Health Services as a
Medi-Cal provider of hospital services. A free-standing psychiatric hos-
pital or psychiatric health faciUty that is larger than sixteen (16) beds may
only be reimbursed for beneficiaries 65 years of age and over and for per-
sons under 21 years of age, except if the patient was receiving such ser-
vices prior to his/her twenty-first birthday. If he/she continues without
interaiption to require and receive such services, the eligibility for ser-
vices continues to the date he/she no longer requires such services, or if
earlier, his/her twenty-second birthday. These restrictions regarding ser-
vices in free standing psychiatric hospitals and psychiatric health facili-
ties shall cease to have effect if federal law changes and reimbursement
are subsequently approved.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5778, 14680 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative I-I-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 1 1340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New secfion confinued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Secfion 4440-103-0001, Provision 4, stafing that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including repealer of former
section 1719 and renumbering and amendment of former section 1718 to new
section 1719, Uansmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No.
27).
§1720. Receipt or Date of Receipt.
"Receipt" means the receipt or date of receipt of a Treatment Authori-
zation Request or other document. The date of receipt shall be as indi-
cated by a time stamp or fax time and date recorded on that document.
In the absence of a date/time stamp made by the receiver, the postmark
date shall be used as the date of receipt.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative I-I-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Secfion 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
afion of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operafion of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stafing that these emergency regulations remain in ef-
fect until July 1, 1996, or unfil the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001 , Provision 4, stafing that these emergen-
cy regulafions shall remain in effecfi ve unfil July 1 , 1 997, or unfil the regulations
are made permanent, whichever occurs first.
Page 26.3
Register 97, No. 27; 7-4-97
§1721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
6. Certificate of Compliance as to 12-30-94 order, includinc repealer and new sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§1721. Routine Services.
"Routine Services" means bed, board and all medical, nursing and oth-
er support services usually provided to an inpatient by a psychiatric inpa-
tient hospital. Routine services do not include hospital-based ancillary
services or physician or psychologist services.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutesof 1994, or emergency language will be repealed by oper-
ation of law on the following day. <f
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until .luly 1 , 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs fu^st.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1721 to section 1722 and new section 1721, transmitted to OAL
5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1722. Short-Doyle/IVIedi-Cal Provider.
"Short-Doyle/Medi-Cal Provider" means a provider that submits
claims for Medi-Cal psychiatric inpatient hospital services through the
Department to the Department of Health Services and not to the fiscal in-
termediary.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995. Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New secdon continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1, 1997, oruntil the regulations
are made permanent, whichever occurs first.
6. Certificate of Comphance as to 12-30-94 order, including repealer of former
section 1722 and renumbering and amendment of former section 1721 to new
secdon 1722, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No.
27). :
§ 1723; Submit or Date of Submission.
"Submit" or "date of submission" means to transmit a document by
mail, fax, or hand delivery. The date of submission shall be as indicated
by the postmark date, fax date, or the date of hand delivery as shown by
a time stamp on the document. In the absence of a date/time stamp by the
receiver, the postmark date shall be used as the date of submission.
History
1. New section filed 7-1-97; operative 7-1-97 (Register 97, No. 27).
§ 1724. Traditional Hospital Provider.
"Traditional Hospital Provider" means a provider that, according to
the latest historical Medi-Cal payment data collected by the Department
of Health Services, provides services to beneficiaries of an MHP that ac-
count for five (5) percent or twenty thousand dollars ($20,000), whichev-
er is more, of the total fiscal year Medi-Cal psychiatric inpatient hospital
service payments made for beneficiaries of an MHP.
NOTE: Authority cited: Section 1 4680, Welfare and Insdtudons Code. Reference:
Secdons 5777, 5778, 14680 and 14684. Welfare and Insdtudons Code.
History
1 . New section filed 12-,30-94 as an emergency; operadve 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Secdon 11340) of
Part 1 of Division 3 of Tide 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Comphance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New secdon condnued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Secdon 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or undl the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer secdon 1724 to secdon 1725 and new secdon 1724, transmitted to OAL
5-30-97 and filed 7-1-97 (Register 97, No. 27).
ArticDe 2. Administration
§ 1725. Applicability of Laws and Regulations.
(a) Each MHP shall comply with all applicable Federal regulations and
guidelines and all applicable State Medi-Cal regulations in Title 22 of the
California Code of Regulations, except as provided in Section 5776 of
the Welfare and Institutions Code, for MHP payment authorization and
funding of psychiatric inpatient hospital services.
(b) Except for Short-Doyle/Medi-Cal hospital services, this chapter
shall not apply to a beneficiary enrolled in a Medi-Cal Managed Care
Plan which includes the provision of Fee-for-Service/Medi-Cal (FFS/
MC) psychiatric inpatient hospital services to beneficiaries.
(c) Unless specifically allowed by this chapter, provisions of the con-
tract between the MHP and the Provider shall not be in conflict with this
chapter.
NOTE: Authority cited: Secdon 14680, Welfare and Insdtudons Code. Reference:
Sections 5775, 5776, 5777, 5778 and 14684, Welfare and Insdtutions Code.
History
1 . New Article 2 (sections 1 724-1 730) and section filed 1 2-30-94 as an emergen-
cy; operative 1-1-95 (Register 94, No. 52). Notwithstanding Chapter 3.5 (com-
mencing with Secdon 1 1340) of Part 1 of Division 3 of Title 2 of the Govern-
ment Code, a Certificate of Compliance must be transmitted to OAL by June 30,
1995, pursuant to Secdon 7, Chapter 633, Statutes of 1994, or emergency lan-
guage will be repealed by operadon of law on the following day.
2. New article 2 and secdon refiled 6-30-95 as an emergency; operative 7-1-95
(Register 95, No. 26). A Certificate of Comphance must be transmitted to OAL
by 10-28-95 or emergency language will be repealed by operation of law on
the following day.
3. New Article (sections 1724 through 1730) and section continued 8-3-95 as an
emergency pursuant to Chapter 305, Statutes of 1995, Secdon 24, stadng that
these emergency reguladons remain in effect until July 1 , 1 996, or undl the reg-
ulations are made permanent, whichever occurs first.
4. Certificate of Compliance as to 12-30-94 order transnutted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New Article 2 (secdons 1724 through 1730) and section continued 7-15-96
as an emergency pursuant to Chapter 162, Statutes of 1996, Section
4440-1 03-0001 , Provision 4, stadng that these emergency regulations shall re-
main in effecdve until July 1 , 1997, or undl the regulations are made permanent,
whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1725 to secdon 1726 and renumbering and amendment of former
Page 26.4
Register 97, No. 27; 7-4-97
Department of Mental Health
§1728
•
section 1724 to new section 1725, transmitted to OAL 5-30-97 and filed
7-l-97(Register97. No. 27).
§1726. Designation of MHPs.
(a) A county that wishes to be designated as the MHP for the beneficia-
ries of that county shall communicate its intent in a resolution from the
county board of supervisors which shall be transmitted to the Depart-
ment. The resolution shall state:
(1) The county assumes responsibility for Medi-Cal authorization and
payment for all psychiatric inpatient hospital services for beneficiaries
of that MHP.
(2) The county recognizes and agrees that the allocation of State funds
pursuant to Section 5778 Welfare and Institutions Code is payment in full
from the State for the services specified in (a)(1) except as described in
Section 1750 of this chapter.
(3) The county shall utilize a public planning process that involves var-
ious constituency groups to assist in formulating pohcies and procedures
for the operation of the MHP insofar as these policies and procedures are
not specifically prescribed in law and regulation.
(4) The county shall submit to the Department an Implementation Plan
for Psychiatric Inpatient Hospital Services pursuant to Section 1 727 of
this chapter.
(b) If a county declines to be the MHP for the beneficiaries of that
county, other qualifying entities including other counties acting jointly,
or governmental, and non-governmental entities, may be selected as the
MHP by the Department pursuant to Section 5775 Welfare and Institu-
tions Code. The entity selected shall meet the same duties and obligations
required of a county in (a)(l)-(4).
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5775, 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Secfion 24, stating that these emergency regulations remain in ef-
fect unfil July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-1 3-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 1 2-30-94 order, including renumbering of for-
mer section 1726 to section 1727 and renumbering and amendment of former
section 1725 to new section 1726, transmitted to OAL 5-30-97 and filed
7-1-97 (Register 97, No. 27).
§ 11727. Implementation Plan for Psychiatric Inpatient
Hospital Services.
(a) An entity applying to become the MHP for beneficiaries who are
residents of a specific county, including counties which have submitted
a resolution, shall submit within sixty (60) calendar days prior to imple-
mentation an Implementation Plan for Psychiatric Inpatient Hospital Ser-
vices to the Department that includes:
(1) Procedures for MHP payment authorization of psychiatric inpa-
tient hospital services by the MHP including the point of authorization.
(2) A process for:
(A) Screening, referral and coordination with other necessary ser-
vices, including, but not limited to, educational, health, housing and vo-
cational rehabilitation services.
(B) Outreach efforts for the purpose of providing information regard-
ing access under the MHP to beneficiaries and providers.
(3) The processes for problem resolution as required in Article 5 of this
chapter.
(4) A description of the provider selection process, including provider
selection criteria consistent with Section 1729. The MHP shall include
a Request for Exemption from Contracting in accordance with Section
1730(c) of this chapter if the MHP decides not to contract with a Tradi-
tional Hospital Provider or DSH.
(5) A description of the provision, to the extent feasible, of culturally
coinpetent and age-appropriate services to beneficiaries.
(6) A description of a process for planned admissions in non-contract
hospitals if such an admission is determined to be necessary by the MHP.
(b) The Department shall review and either approve, disapprove, or re-
quest additional information for each Implementation Plan for Psychiat-
ric Inpatient Hospital Services. Notices of approval, disapproval and re-
quests for additional information shall be forwarded to applicant MHP
entities within sixty (60) calendar days of the receipt of the Implementa-
tion Plan. Upon approval by the Department, the Implementation Plan
becomes a binding contract between the Department and the MHP. The
contract term shall be one year with automatic renewal for an additional
one year period, provided the MHP continues to meet its obligations un-
der this chapter.
(c) An MHP shall notify the Department in writing prior to implement-
ing changes in the policies, processes or procedures that modify its cur-
rent Implementation Plan. If the changes meet the minimum standards in
this chapter, the changes shall be approved by the Department. The De-
partment shall provide a Notice of Approval or a Notice of Disapproval,
including the reasons for disapproval, to the MHP within thirty (30) days
after the receipt of the notice from the MHP. The MHP may implement
the proposed changes thirty (30) calendar days from submission to the
Department if the Department fails to provide a Notice of Approval or
Disapproval.
NOTE: Authority cited: Section 1 4680, Welfare and Insfitutions Code. Reference:
Sections 5775, 5777, 5778, 14683 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Secfion 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New secfion continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of CompUance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or unfil the regulations
are made pennanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1727 to section 1728 and renumbering and amendment of former
section 1726 to new section 1727, transmitted to OAL 5-30-97 and filed
7-1-97 (Register 97, No. 27).
§ 1728. Scope of Reimbursable Services.
(a) An MHP shall be responsible for the MHP payment authorization
for psychiatric inpatient hospital services as described in (b) and (c).
(b) Psychiatric Inpatient Hospital Services for a Fee-for-Service/
Medi-Cal provider shall include:
(1) Routine services, and
(2) All hospital-based ancillary services.
(c) Psychiatric Inpatient Hospital Services for a Short-Doyle/Medi-
Cal provider shall include:
(1) Routine services,
(2) All hospital-based ancillary services, and
(3) Services of a physician or a psychologist provided in the hospital
to inpatients.
Page 26.5
Register 97, No. 27; 7-4-97
§1729
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(d) An MHP shall not be responsible for the payment authorization for
the following services:
(1) Out-of-state psychiatric inpatient hospital services except when
it is customary practice for a California beneficiary to receive medical
services in a border community outside the State.
(2) Psychiatric inpatient hospital services provided by a hospital oper-
ated by the Department or the State Department of Developmental Ser-
vices.
(3) Psycliiatric inpatient hospital services, except administrative day
services which follow any approved acute inpatient psychiatric hospital
service day, provided to a beneficiary eligible for Medicare (Part A) ex-
cept as specified in (4) below, prior to the exhaustion of the beneficiary's
Medicare (Part A) benefits.
(4) Psychiatric inpatient hospital services, including administrative
day services, provided to beneficiaries who are also eligible for Medi-
care (Part A), in hospitals reimbursed through Medicare (Part A) based
on Diagnostic Related Groups (DRGs), prior to the exhaustion of the
beneficiary's Medicare (Part A) benefits when the DRG reimbursement
covers administrative day services according to Medicare (Part A).
(5) Psychiatric inpatient hospital services provided to persons enrolled
in a Medi-Cal Managed Care Plan that includes the provision of Fee-
for-Service/Medi-Cal psychiatric inpatient hospital services.
(6) Acute psychiatric inpatient hospital services received by a benefi-
ciary when services are not billed to an allowable psychiatric accommo-
dation code.
(e) An MHP shall authorize payment for psychiatric inpatient hospital
services provided to a beneficiary eligible for Medicare (Part A) if the
payment being authorized is for administrative day services following
any approved acute psychiatric inpatient hospital services day, and there
is compliance with Section 1777())(5).
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part I of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1728 to section 1729 and renumbering and amendment of former
section 1727 to new section 1728, transmitted to OAL 5-30-97 and filed
7-1-97 (Register 97, No. 27).
§ 1729. Provider Selection Criteria.
An MHP shall establish a provider selection process which meets the
following criteria:
(a) The MHP shall require that each provider:
(1) Comply with all applicable Federal Medicaid laws, regulations and
guidelines and all applicable State statutes and regulations.
(2) Sign a provider agreement with the Department of Health Services.
(3) Provide psychiatric inpatient hospital services, within its scope of
licensure, to all beneficiaries who are referred by the MHP, unless comp-
elling clinical circumstances exist that contraindicate admission, or the
MHP negotiates a different arrangement with the provider.
(4) Refer beneficiaries for other services when necessary.
(5) Not refuse an admission solely on the basis of age, sex, race, reli-
gion, physical or mental disability, or national origin.
(b) In addition to the specified conditions in (a), an MHP may consider
but is not limited to any or all of the following in selecting providers:
(1) History of Medi-Cal certification, licensure and accreditation.
(2) Circumstances and outcomes of any current or previous litigation
against the provider.
(3) The geographical location(s) that would maximize beneficiary par-
ticipation.
(4) Ability of the provider to:
(A) Offer services at competitive rates.
(B) Demonstrate positive outcomes and cost effectiveness.
(C) Address the needs of beneficiaries based on factors including age,
language, culture, physical disability, and specified clinical interven-
tions.
(D) Serve beneficiaries with severe mental illness and serious emo-
tional disturbances.
(E) Meet the quality improvement, authorization, clinical and admin-
istrative requirements of the MHP.
(F) Work with beneficiaries, their families and other providers in a col-
laborative and supportive manner.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Insfitutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Secfion 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995. Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or unfil the regulations are made permanent, whichever
occurs fu-st.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section condnued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1729 to section 1730 and renumbering and amendment of former
section 1728 to new section 1729, transmitted to OAL 5-30-97 and filed
7-1-97 (Register 97, No. 27).
§ 1730. Contracting for Service Availability.
(a) An MHP shall contract with DSH and Traditional Hospital Provid-
ers when:
(1 ) The DSH or Traditional Provider meets the provider selection cri-
teria described in the MHP' s Implementation Plan as required by Section
1727(a)(4).
(2) The DSH is located:
(A) In the same county as the MHP, or
(B) In a different county than the MHP and according to the latest his-
torical Medi-Cal paid claims data, the DSH provides services to benefi-
ciaries of the MHP that account for five (5) percent or twenty thousand
dollars ($20,000), whichever is more, of the total fiscal year Fee-For-
Service/Medi-Cal psychiatric inpatient hospital service payments for
beneficiaries of the MHP.
(b) Prior to the beginning of each state fiscal year, the Department shall
notify all MHPs of the DSH and Traditional Hospital Providers for ihav
fiscal year.
(c) If an MHP determines not to contract with a DSH or Traditional
Hospital Provider, it shall submit a Request for Exemption from Con-
tracting to the Department with its Implementation Plan for Psychiatric
Inpatient Hospital Services. The MHP shall submit Requests for Exemp-
tion initiated after the submission of the Implementation Plan to the De-
Page 26.6
Register 97, No. 27; 7-4-97
Department of Mental Health
§1731
parlment as a separate submission. The Request for Exemption from
Contracting shall address the projected effect on beneficiaries. At a mini-
mum, the Request for Exemption from Contracting shall include:
( 1) The name of the hospital for which the Request for Exemption from
Contracting is requested.
(2) An analysis of the most recently available data from the Office of
Statewide Health Planning and Development (OSHPD) on the availabil-
ity, within an accessible geographic area, of hospital beds for psychiatric
inpatient hospital services with and without a contract. Other data may
be substituted if OSHPD data is not available or if equally reliable data
is more comprehensive.
(3) The estimated impact on maximum and average travel time and
distances for beneficiaries to obtain psychiatric inpatient hospital ser-
vices, from providers either with or without a contract.
(4) An MHP shall notify the DSH or Traditional Hospital Provider of
the Request for Exemption from Contracting at the same time that the Re-
quest for Exemption is sent to the Department.
(5) The Department shall approve or deny in writing the MHP's Re-
quest for Exemption from Contracting within thirty (30) calendar days
of its receipt and shall notify both the MHP and the DSH or Traditional
Hospital Provider of its decision. The Department shall deny any Request
for Exemption from Contracting when failure to contract is likely to re-
sult in hardship to beneficiaries as measured by local community stan-
dards.
(d) At a minimum, a contract between an MHP and a provider of psy-
chiatric inpatient hospital services shall meet federal contracting require-
ments as provided in 42 CFR, Section 434.6 and shall include the follow-
ing provisions:
(1) Treatment requirements as a condition for reimbursement for psy-
chiatric inpatient hospital services assure which ensure beneficiaries will
receive the same level of services as provided to all other patients served.
(2) Assurances that beneficiaries will not be discriminated against in
any manner, including admission practices, placement in special wings
or rooms, or provisions of special or separate meals.
(3) Specifics of how the provider shall make records available for au-
thorized review for fiscal audits, program compliance and beneficiary
complaints.
(4) Language specifying that the per diem rate included in the contract
is considered to be payment in full, subject to third party liability and pa-
tient share of costs, for psychiatric inpatient hospital services to a benefi-
ciary.
(5) Language specifying that the rate structure in the contract includes
all services defined as psychiatric inpatient hospital services in this chap-
ter and that the rate structure does not include non-hospital based physi-
cian or psychologist services rendered to a beneficiary covered under the
contract unless the provider is a Short-Doyle/Medi-Cal Provider.
(6) Requirements that a provider adhere to Title XIX of the Social Se-
curity Act, 42 use and conform to all appHcable Federal and State stat-
utes and regulations.
(e) No provision of a contract shall be construed to replace or conflict
with the duties of county patients' rights advocates as described in Wel-
fare and Institutions Code Section 5520.
(f) A formal contract between an MHP and a psychiatric inpatient hos-
pital is not required when the MHP owns or operates the hospital.
(g) By October 1 of each year, an MHP shall submit to the Department
a list of all hospitals with which an MHP has current contracts.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1730 to section 1731 and renumbering and amendment of former
section 1729 to new section 1730, transmitted to OAL 5-30-97 and filed
7-l-97(Register97, No. 27).
§ 1 731 . State Oversight.
(a) The Department shall provide ongoing oversight to an MHP
through site visits and monitoring of data reports from MHPs and claims
processing. In addition, the Department shall:
(1) Perform reviews of program and fiscal operations of each MHP to
verify that medically necessary services are provided in compliance with
this chapter and the provisions of the Department's Federal Waiver Re-
quest for Medi-Cal Psychiatric Inpatient Hospital Services.
(2) Perform immediate on-site reviews of MHP program operations
whenever there is a threat to the health or safety of beneficiaries.
(3) Monitor compliance with problem resolution process require-
ments contained in Article 5 of this chapter and the MHP's Implementa-
tion Plan for Psychiatric Inpatient Hospital Services.
(4) Monitor provider contracts to ensure that the MHP enters into nec-
essary contracts with DSH and Traditional Hospital Providers.
(5) Monitor denials of MHP authorizations for payment.
(b) If the Department activities in (a) result in a determination that an
MHP is out of compliance with State or Federal laws and regulations, the
Department shall provide the MHP with a written Notice of Noncom-
pliance. The Notice of Noncompliance shall include:
(1) A description of the violation.
(2) A description of any corrective action required by the Department
and time limits for compliance.
(c) In the event that the agreement with an MHP is terminated for any
cause, the remaining balance of State funds which were transferred to the
MHP for psychiatric inpatient hospital services shall be returned to the
Department. The State has a right to examine all records of an MHP to
determine the balance of funds to be returned to the Department.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering and
amendment of former section 1730 to new section 1731, transmitted to OAL
5-30-97 and filed 7-1-97 (Register 97, No. 27).
Page 26.7
Register 97, No. 27; 7-4-97
§1739
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
Article 3. Fiscal Provisions
§ 1739. Allowable Psychiatric Accommodation Code.
"Allowable Psychiatric Accommodation Code" means a reimbursable
hospital billing code that may be used by Fee-For-Service/Medi-Cal
providers to claim payment for psychiatric inpatient hospital services
provided to beneficiaries. The allowable codes are:
097 Psychiatric Acute (Adolescent and Child)
098 Administrative Days
1 J 4 Room and Board, Private, Psychiatric
124 Room and Board, Semi-Private 2 Bed, Psychiatric
134 Room and Board, Semi-Private 3 or 4 Bed, Psychiatric
1 54 Room and Board - Ward (Medical or General), Psychiatric
204 Intensive Care, Psychiatric
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfaie and Institutions Code.
History
1 . Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1740 to new section 1739, transmitted to OAL 5-30-97 and filed
7-1-97 (Register 97, No. 27).
§ 1740. Border Communities.
"Border Communities" mean those communities located outside the
State of California which are included in California's rate regions be-
cause of their proximity and utilization by Medi-Cal beneficiaries. Spe-
cific border communities are set forth in Section 1752(i).
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New Article 3 (sections 1740-1755) and section filed 12-30-94 as an emergen-
cy; operative 1-1-95 (Register 94, No. 52). Notwithstanding Chapter 3.5 (com-
mencing with Section 11340) of Part I of Division 3 of Title 2 of the Govern-
ment Code, a Certificate of Compliance must be transmitted to OAL by June 30,
1995, pursuant to Section 7, Chapter 633, Statutes of 1994, or emergency lan-
guage will be repealed by operation of law on the following day.
2. New article 3 and section refiled 6-30-95 as an emergency; operative 7-1-95
(Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL
by 10-28-95 or emergency language will be repealed by operation of law on
the following day.
3. New Article 3 (sections 1740 through 1755) and section continued 8-3-95 as
an emergency pursuant to Chapter 305, Statutes of 1 995, Section 24, stating that
these emergency regulations remain in effect until July 1, 1996, or until the reg-
ulations are made permanent, whichever occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New Article (sections 1740 through 1755) and section continued 7-15-96 as
an emergency pursuant to Chapter 162, Statutes of 1996, Section
4440-103-0001 , Provision 4, stating that these emergency regulations shall re-
main in effective until July 1, 1997, or until the regulafions are made permanent,
whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1740 to new section 1739 and new section 1740, transmitted to OAL
5-30-97 and filed 7-1-97 (Register 97, No. 27).
§1741. Located.
"Located" means the actual physical location of a psychiatric inpatient
hospital, and unless otherwise specified, refers to the specific county
within the geographical boundaries of which the hospital exists.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part l| of Division 3 of Titie 2 of the Government Code, a Certificate of Com-
pUance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day. !
3. New section continued 8-.3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1 995, Section 24, stating that these emergency regulations remain in ef-
fect until July I, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62. Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including repealer of former
section 1741 and renumbering and amendment of former section 1743 to new
section 1 741, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No.
27).
§1742. Per Diem Rate.
"Per Diem Rate" means a daily rate paid for reimbursable psychiatric
inpatient hospital services for a beneficiary for the day of admission and
each day that services are provided excluding the day of discharge.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfaie and Institutions Code.
History
1 . New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Govemment Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305. Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96:
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including repealer of former
section 1742 and renumbering of former section 1744 to new section 1742,
transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§1743. Rate Region.
"Rate Region" means regions, by county in California and border
communities outside California, as specified in this chapter, for the pur-
pose of establishing and determining reimbursement rates for non-con-
tract Fee-For-Service/Medi-Cal providers.
NOTE; Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfaie and Institutions Code.
History
1 . New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Govemment Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transnutted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 1 2-30-94 order, including renumbering of for-
mer section 1743 to section 1741 and renumbering and amendment of former
section 1745 to new section 1743, transmitted to OAL 5-30-97 and filed
7-1-97 (Register 97, No. 27).
Page 26.8
Register 97, No. 27; 7-4-97
Title 9
Department of Mental Health
•
§1744. Risk Reinsurance.
"Risk Reinsurance" means an insurance policy purchased for an MHP
tiiat provides coverage for costs of providing services exceeding speci-
fied limits.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 1 1340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1 995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1 , 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1744 to section 1742 and renumbering and amendment of former
section 1746 to new section 1744, transmitted to OAL 5-30-97 and filed
7-1-97 (Register 97, No. 27).
§1745. Small County.
"Small County" means a county in California with a population of less
than 200,000 by 1990 census data.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Section 5778, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section confinued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1 995, Secfion 24, stafing that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective unfil July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1745 to section 1743 and renumbering of former section 1747 to
new section 1745, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97,
No. 27).
§1746. Small County Reserve.
"Small County Reserve" means that portion of the State General Fund
appropriation for consolidation of psychiatric inpatient hospital services
that is allocated for use by MHPs in small counties as self-insurance to
provide a mechanism to reduce financial risk.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Section 5778, Welfare and Institutions Code.
History
1. New secfion filed 12-30-94 as an emergency; operadve 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 1 1340) of
Part ] of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1 995, Section 24, stafing that these emergency regulations remain in ef-
fect until July I, 1996, or unfil the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stafing that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to l2-30-94order, including renumbering of for-
mer secfion 1746 to secfion 1744 and new section 1746, transmitted to OAL
5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1747. Third Party Liability.
"Third Party Liability" means an amount owed for psychiatric inpa-
tient hospital services on behalf of a beneficiary by any payor other than
Medi-Cal or the beneficiary.
NOTE; Authority cited: Section 14680, Welfare and Insfitutions Code. Reference:
Secfions 5777, 5778 and 14684, Welfare and Institufions Code.
History
1. New section filed 12-30-94 as an emergency; operafive 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Tifie 2 of the Government Code, a Certificate of Com-
pliance must be transinitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New secfion confinued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1 , 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New secfion continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Secfion 4440-103-0001, Provision 4, stafing that these emergen-
cy regulafions shall remain in effective unfil July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1747 to section 1745 and renumbering of former section 1748 to
new secfion 1 747, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97,
No. 27).
§1748. Usual and Customary Charges.
"Usual and Customary Charges" means those uniform charges which
are listed in a provider's established charge schedule which are in effect
and applied consistently to most patients.
NOTE: Authority cited: Section 14680, Welfare and Insfitutions Code. Reference:
Secfions 5777, 5778 and 14684, Welfare and Insfitufions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 1 1340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
afion of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July I, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1 996, Section 4440-103-0001 , Provision 4, stafing that these emergen-
cy regulafions shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs fu-st.
6. Certificate of Compliance as to 12-30-94 order, including renumbering of for-
mer section 1748 to secfion 1747 and new section 1748, transmitted to OAL
5-30-97 and filed 7-1-97 (Register 97, No. 27).
Page 26.9
Register 97, No. 27; 7-4-97
§ 1749
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
§ 1749. Utilization Control and Operations Committee.
"Utilization Control and Operations Committee" means a group of in-
dividuals designated by the MHPs in the small counties to provide over-
sight for the Small County Reserve.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfai'e and Institutions Code.
History
1. New, section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (cominencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1 995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section confinued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001 , Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
§1750. Small County Reserve.
(a) Small counties shall establish the Small County Reserve with funds
allocated by the Department for that purpose.
(b) The Small County Reserve shall be used for:
(1) Reimbursement of MHPs in small counties for the cost of psychiat-
ric inpatient hospital services in excess of their allocation.
(2) Purchase of risk reinsurance for MHPs in small counties.
(3) Costs associated with the administration of the Reserve.
(c) Any interest earned from funds held in the Small County Reserve
shall accrue to the Small County Reserve.
(d) The Department shall not be liable for payments that exceed the
balance in the Small County Reserve. When costs do not exceed the bal-
ance in the Small County Reserve during any given State fiscal year, the
amount of unexpended funds shall be reported to the Department by No-
vember 30 of the following State fiscal year. The unexpended funds may
be retained in the Small County Reserve and used as specified in (b).
(e) The administrative procedures for, and the process of, appointing
members to the Utilization Control and Operations Committee of the
Small County Reserve shall be determined by the small counties, through
an organization representing the counties, in consultation with the De-
partment.
(f) The Utilization Control and Operations Committee shall:
(1) Develop procedures and provide policy direction for the operation
of the Small County Reserve.
(2) Determine circumstances under which a small county MHP shall
be eligible to receive Small County Reserve funds.
(3) Provide guidance for the day-to-day operation of the Small
County Reserve.
(4) Monitor utilization of psychiatric inpatient hospital services by
member MHPs.
(5) Recommend corrective actions and arrange for technical assis-
tance to MHPs that have been denied access to the Small County Reserve
funds. :
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Section 5778, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Secfion 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation, of law on the following day.
2. New section refiled 6-30-95 as an emergency; operafive 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996. or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1751. Rate Setting for Psychiatric Inpatient
Hospital Services for Negotiated Rate,
Fee-for-Service/Medi-Cal Providers.
(a) Reimbursement for acute psychiatric inpatient hospital services for
each Fee-for-Service/Medi-Cal provider with a contract with any MHP,
shall be based on a per diem rate established through negotiations be-
tween the provider and the MHP in the county in which the provider is
located except when:
(1) The MHP from the county in which the provider is located dele-
gates the rate negotiation responsibilities to an MHP in another county
with the agreement of that MHP.
(2) The provider is located in a border community and an MHP wants
to negotiate rates. The MHP shall request approval from the Department
to be designated as the negotiator.
(3) For a provider owned or operated by the same organizational entity
as the MHP, the per diem rate must be approved by the Department. The
Department shall approve a per diem rate submitted by the MHP, if the
rate is not greater than the highest per diem rate within the State nego-
tiated by a different MHP for a different hospital.
(b) The per diem rate shall include routine services and all hospital-
based ancillary services.
(c) Only one rate for each allowable psychiatric accommodation code
for each negotiated rate Fee-for-Service/Medi-Cal provider may be es-
tablished and shall be used by all MHPs with that provider. The nego-
tiated rate shall not be subject to retrospective adjustment to cost.
(d) Reimbursement for administrative day services shall be the rate es-
tablished in accordance with Section 5 1 542, Title 22, California Code of
Regulations except for facility-specific reimbursements determined by
the Department of Health Services in accordance with Section
51511(a)(2)(B), Title 22, California Code of Regulations plus an allow-
ance for hospital-based ancillary services equal to twenty-five (25) per-
cent of the maximum rate estabUshed under Section 51542.
(e) For both acute psychiatric inpatient hospital services and adminis-
trative day services, reimbursement to the provider shall be based on the
per diem rate, less third party liability and patient share of cost.
(f) The provider shall bill its usual and customary charges.
(g) At the end of each fiscal year, the Department shall compare, in ag-
gregate, usual and customary charges to per diem rate for each provider.
Future claims shall be offset by the amount that the per diem rate exceeds
the usual and customary charges for that fiscal year.
(h) The per diem rate included in the contract shall be considered to
be payment in full, less third party liability and patient share of costs, for
psychiatric inpatient hospital services to a beneficiary.
NOTE: Authority cited: Section 14680, Welfare and Institudons Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
Page 26.10
Register 97, No. 27; 7-4-97
Title 9
Department of Mental Health
§1754
•
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of ] 995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
ai^e made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion heading and section, transmitted to OAL 5-30-97 and filed 7-1-97 (Resis-
ter97. No. 27).
§ 1752. IRate Setting for Psychiatric Inpatient
Hospital Services for Non-negotiated Rate,
Fee-for-Service/Medi-Cal Providers.
(a) Reimbursement rates for acute psychiatric inpatient hospital ser-
vices for each Fee-for-Service/Medi-Cal provider with no contract with
any MHP, shall be determined by the Department.
(1) The reimbursement rates in (a) shall be calculated by the Depart-
ment prior to the beginning of each fiscal year and shall not be modified
for subsequent rate changes among contract providers or the addition of
new contract providers.
(2) One rate per allowable psychiatric accommodation code per non-
negotiated rate, Fee-for-Service/Medi-Cal provider per Rate Region
listed in (i) shall be established and shall be used by all MHPs.
(3) The rates shall not be subject to retrospective adjustment to cost.
(b) The per diem rate includes routine services and ail hospital-based
ancillary services.
(c) The per diem rate shall equal the weighted average diem rates nego-
tiated for all Fee-for-Service/Medi-Cal providers within the Rate Re-
gion where the non-negotiated rate provider is located and shall be based
on the following information from each Fee-for-Service/Medi-Cal hos-
pital with a contract in the Rate Region where the non-negotiated rate
provider is located:
( 1 ) The latest available fiscal year Medi-Cal paid claims data for Fee-
for-Service/Medi-Cal acute psychiatric inpatient hospital services pa-
tient days.
(2) The negotiated per diem rates for the subsequent fiscal year.
(d) Reimbursement for administrative day services shall be based on
a rate established in accordance with Section 51542, Title 22, California
Code of Regulations, except for facility-specific reimbursements deter-
mined by the Department of Health Services in accordance with Section
5151 1(a)(2)(B), Title 22, California Code of Regulations, plus an allow-
ance for hospital-based ancillary services equal to twenty-five (25) per-
cent of the maximum rate established under Section 51542.
(e) For both acute psychiatric inpatient services and administrative
day services, interim reimbursement to the non-negotiated rate, Fee-
for-Service/Medi-Cal provider shall be based on the calculated per diem
rate less third party liability and patient share of cost.
(f) The provider shall bill its usual and customary charges.
(g) At the end of each fiscal year, the Department shall compare, in ag-
gregate, the usual and customary charges to the per diem rate for each
provider. Future claims shall be offset by the amount that the per diem
rate exceeds the usual and customary charges for that fiscal year.
(h) The Medi-Cal payment constitutes payment in full for acute psy-
chiatric inpatient hospital services less third party liability and patient
share of costs, for psychiatric inpatient hospital services to a beneficiary.
(i) The Rate Regions are:
(1) Superior - Butte, Colusa, Del Norte, Glenn, Humboldt, Lake, Las-
sen, Mendocino, Modoc, Nevada, Plumas, Shasta, Sierra, Siskiyou, Te-
hama, Trinity, and Grants Pass, Klamath Falls, Lakeview, and Medford,
Oregon.
(2) Central Valley - Alpine, Amador, Calaveras, El Dorado, Fresno,
Kings, Madera, Mariposa, Merced, Mono, Placer, Sacramento, San Joa-
quin, Stanislaus, Sutter, Tulare, Tuolumne, Yolo, Yuba, and Carson City,
Incline Village, Reno, and Sparks, Nevada.
(3) Bay Area - Alameda, Contra Costa, Marin, Monterey, Napa, San
Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, So-
noma.
(4) Southern California - Imperial, Inyo, Kern, Orange, Riverside, San
Bernardino, San Diego, San Luis Obispo, Santa Barbara, Venaira, Las
Vegas, and Yerington, Nevada and Kingman and Yuma, Arizona.
(5) Los Angeles
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 1 1340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Secfion 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first. ^
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1 996, Section 4440-1 03-0001 , Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion heading and section, transmitted to OAL 5-30-97 and filed 7-1-97 (Regis-
ter 97, No. 27).
§ 1753. Rate Setting for Psychiatric Inpatient Hospital
Services for Short-Doyle/Medi-Cal Providers.
(a) Reimbursement for acute psychiatric inpatient hospital services for
Short-Doyle/Medi-Cal providers shall be established in accordance
with Section 51516, Title 22, California Code of Regulations.
(b) Reimbursement for administrative day services for Short-Doyle/
Medi-Cal providers shall be established in accordance with Section
51542, Title 22, California Code of Regulations.
NoTE: Authority cited: Section 14680, Welfare and Institufions Code. Reference:
Sections 5720 and 5724, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language wilj be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
§1754. Rate Reporting.
An MHP shall provide to the Department, within thirty (30) calendar
days prior to the beginning of each State fiscal year, a listing of rates ne-
gotiated with negotiated rale, Fee-For-Service/Medi-Cal providers of
psychiatric inpatient hospital services.
NOTE; Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institufions Code.
Page 26.11
Register 97, No. 27; 7-4-97
§1755
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
History
1 . New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwitiistanding Chapter 3.5 (coinmencing with Section 11340) of
Part I of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutesof 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until .luly 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulafions
are made permanent, whichever occurs first.
6. Ceitificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1755. Reporting Unexpended Balances.
An MHP shall report to the Department by November 30 of the year
following the close of the State fiscal year, the amount of any unexpended
balance still remaining from the allocation made pursuant to Section
5778 Welfare and Institutions Code. This reporting requirement shall
also apply to the organizational entity administering the small county re-
serve defined in Section 1746.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Section 5777, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operafive 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transinjtted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
afion of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulafions remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stafing that these emergen-
cy regulations shall remain in effective unfil July 1 , 1997, or until the regulafions
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
Article 4. Provision of Services
§1765. Adverse Decision.
"Adverse Decision" means denial or termination of an MHP payment
authorization y the MHP's Point of Authorization or by a Short-Doyle/
Medi-Cal provider's Utilization Review Committee which determines
the MHP's authorization for payment.
NOTE: Authority cited: Secfion 14680, Welfare and Institutions Code. Reference:
Secfions,5777, 5778 and 14684, Welfaie and Institutions Code.
History
1. New Article 4 (sections I765-I779) and section filed 12-30-94 as an emergen-
cy; operative 1-1-95 (Register 94, No. 52). Notwithstanding Chapter 3.5 (com-
mencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Govern-
ment Code, a Certificate of Compliance must be transmitted to OAL by June 30,
1995, pursuant to Section 7, Chapter 633, Statutes of 1994, or emergency lan-
guage will be repealed by operation of law on the following day.
2. New article 4 and section refiled 6-30-95 as an emergency; operafive 7-1-95
(Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL
by 10^28-95 or emergency language will be repealed by operation of law on
the following day.
3. New Article 4 (sections 1765 through 1779) and secfion continued 8-3-95 as
an emergency pursuant to Chapter 305, Statutes of 1 995, Section 24, staling that
these emergency regulations remain in effect until July 1 , 1996, or until the reg-
ulations are made permanent, whichever occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New Article (sections 1765 through 1779) and secfion confinued 7-15-96 as
an einergency pursuant to Chapter 162, Statutes of 1996, Section
4440-103-0001 , Provision 4, stating that these emergency regulations shall re-
main in effecti ve until July 1 , 1 997, or until the regulations are made permanent,
whichever occurs first.
6. Certificate of Compliance as to 1 2-30-94 order, including amendment of sec-
fion. transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§1766. Continued Stay Services.
''Continued Stay Services" means psychiatric inpatient hospital ser-
vices for beneficiaries which occur after admission.
NOTE: Authority cited: Section 14680, Welfare and Insfitufions Code. Reference:
Secfions 5777, 5778 and 14684, Welfare and Institutions Code.
History
1 . New secfion filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
afion of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New secfion continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stafing that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs fu^st.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Secfion 4440-103-0001, Provision 4, stafing that these emergen-
cy regulafions shall remain in effecfive until July 1 , 1 997, or unfil the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1767. County IVIedical Services Program.
"County Medical Services Program" means the service delivery and
payment system for health care for low income persons who are not eligi-
ble for Medi-Cal and which is administered by the Department of Health
Services for counties.
NOTE: Authority cited: Section 14680, Welfare and Insfitutions Code. Reference:
Secfions 5777, 5778 and 14684, Welfare and Insfitufions Code.
History
1. New section filed 12-30-94 as an emergency; operafive 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Secfion 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be fi-ansmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutesof 1994, oremergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operafive 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulafions remain in ef-
fect unfil July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Comphance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section confinued 7-15-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulafions shall remain in effecfive unfil July 1 , 1 997, or unfil the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
§1768. Emergency Admission.
"Emergency Admission" means an admission to a psychiatric inpa-
tient hospital of a beneficiary due to an emergency psychiatric condition.
Page 26.12
Register 97, No. 27; 7-4-97
Title 9
Department of Mental Health
§1772
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1 . New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95.
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transinitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
aie made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1769. Emergency Psychiatric Condition.
"Emergency Psychiatric Condition" means that a beneficiary has a
condition that meets admission reimbursement criteria for medical ne-
cessity in Section 1774 of this chapter and, due to a mental disorder, is:
(a) A danger to self or others, or
(b) Immediately unable to provide for, or utilize, food, shelter or cloth-
ing.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Section 5777, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Secfion 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect unfil July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1770. Uceosed Mental Health Professional.
"Licensed mental health professional" means, for the purposes of this
chapter, a licensed physician, a licensed clinical psychologist, a licensed
clinical social worker, a licensed marriage, family and child counselor,
a registered nurse, a licensed vocational nurse, and a licensed psychiatric
technician. Individuals who have a waiver of hcensure to obtain super-
vised clinical hours for one of the above categories may perform the func-
tions of a licensed mental health professional specified in this chapter.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Insfitutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part I of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New secfion continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440- 1 03-000 1 , Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
§1771. Planned Admission.
"Planned Admission" means an admission of a beneficiary to a psy-
chiatric inpafient hospital with a contract with an MHP for the purpose
of providing medically necessary treatment that cannot be provided in
another setting or a lower level of care and is not an emergency admis-
sion. Planned admissions may occur in a non-contract psychiatric inpa-
tient hospital pursuant to Section 1727(a)(6) of this chapter.
NOTE; Authority cited: Section 14680, Welfai'e and Institutions Code. Reference:
Secfions 5777, 5778 and 14684, Welfare and Institudons Code.
History
1. New secfion filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 1 1340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section condnued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stafing that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New secfion continued 7-15-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001 , Provision 4, stating that these emergen-
cy regulafions shall remain ineffective until July 1 , 1997, or until the regulafions
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
fion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1772. Prior Authorization.
"Prior authorization" means that a provider obtains the written MHP
payment authorizadon by the MHP's Point of Authorization or the
Short-Doyle/Medi-Cal provider's Ufilization Review Committee, if
acting as a Point of Authorizadon, prior to the admission of a beneficiary
or the provision of condnued stay services to a beneficiary in a psychiat-
ric inpatient hospital.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Secfions 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New secfion refiled 6-30-95 as an emergency; operafive 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New secfion condnued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stadng that these emergency regulations remain in ef-
fect undl July 1, 1996, or undl the regulafions are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transnutted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section condnued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Secfion 4440-103-0001, Provision 4, stadng that these emergen-
Page 26.13
Register 97, No. 27; 7-4-97
§1773
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
cy regulations shall remain in effective untilJuly 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1773. Utilization Review Committee.
"Utilization Review Committee" means a committee that reviews ser-
vices provided to determine appropriateness for psychiatric inpatient
hospital services, identifies problems with quality of care, and meets the
requirements of Title 42, CFR, Chapter IV, Subchapter C, Part 456, Sub-
part D.
NOTE: Authority cited: Section 14680, Welfaie and Institutions Code. Reference:
Section 5777, Welfare and Institutions Code.
History
1. New secfion filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or unnl the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order tiansmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulafions shall remain in effecdve until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-3C>-94 order transmitted to OAL 5-30-97
and filed 7-1-97 (Register 97, No. 27).
§ 1774. Medical Necessity Criteria for Reimbursement of
Psychiatric Inpatient Hospital Services.
(a) For Medi-Cal reimbursement for an admission to a acute psychiat-
ric inpatient hospital, the beneficiary shall meet medical necessity crite-
ria set forth in (1) and (2) below:
(1) One of the following diagnoses in the Diagnostic and Statistical
Manual, Fourth Edition, published by the American Psychiatric Associ-
ation:
(A) Pervasive Developmental Disorders
(B) Disruptive Behavior and Attention Deficit Disorders
(C) Feeding and Eating Disorders of Infancy or Early Childhood
(D) Tic Disorders
(E) Elimination Disorders
(F) Other Disorders of Infancy, Childhood, or Adolescence
(G) Cognitive Disorders (only Dementias with Delusions, or De-
pressed Mood)
(H) Substance Induced Disorders, only with Psychotic, Mood, or Anx-
iety Disorder
(1) Schizophrenia and Other Psychotic Disorders
(J) Mood Disorders
(K); Anxiety Disorders
(L) Somatoform Disorders
(M) Dissociative Disorders
(N) Eating Disorders
(O) Intermittent Explosive Disorder
(P) Pyromania
(Q) Adjustment Disorders
(R) Personality Disorders
(2) A beneficiary must have both (A) and (B):
(A) Cannot be safely treated at another level of care; and
(B) Requires psychiatric inpatient hospital services, as the result of a
mental disorder, due to the indications in either 1 or 2 below:
1 . Has symptoms or behaviors due to a mental disorder that (one of the
follo\ying):
a. Represents a current danger to self or others, or significant property
destruction.
b. Prevents the beneficiary from providing for, or utilizing, food,
clothing or shelter.
c. Presents a severe risk to the beneficiary's physical health.
d. Represents a recent, significant deterioration in ability to function.
2. Requires admission for one of the following:
a. Further psychiatric evaluation.
b. Medication treatment.
c. Other treatment that can reasonably be provided only if the patient
is hospitalized.
(b) Continued stay services in a psychiatric inpatient hospital shall
only be reimbursed when a beneficiary experiences one of the following:
(1) Continued presence of indications which meet the medical necessi-
ty criteria as specified in (a).
(2) Serious adverse reaction to medications, procedures or therapies
requiring continued hospitalization.
(3) Presence of new indications which meet medical necessity criteria
specified in (a).
(4) Need for continued medical evaluation or treatment that can only
be provided if the beneficiary remains in a psychiatric inpatient hospital.
NOTE: Authority cited: Section 14680, Welfai'e and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfaie and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulafions are made permanent, whichever
occurs first.
4. Certificate of Comphance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New secfion continued 7-1 5-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion heading and section, transmitted to OAL 5-30-97 and filed 7-1-97 (Regis-
ter 97, No. 27).
§ 1775. Provider Utilization Control.
All providers shall comply with Federal requirements for utilization
control pursuant to Title 42, CFR, Chapter IV, Subchapter C, Part 456,
Subpart D. These requirements include certification of need for care,
evaluation and medical review, plans of care and utilization review plan.
Each provider shall establish a Utilization Review Committee to deter-
mine whether admission and length of stay are appropriate to level of care
and to identify problems with quality of care. Composition of the com-
mittee shall meet the requirements of Title 42, CFR, Chapter IV, Sub-
chapter C, Part 456, Subpart D.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777 and 5778, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 1 1340) of
Part 1 of Division 3 of Titie 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
Page 26.14
Register 97, No. 27; 7-4-97
Department of Mental Health
§1777
•
feet until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transinitted to OAL 7-1-96;
disapproved by OAL on 8-1 3-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs First.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transinitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§ 1776. MHP Payment Authorization - General Provisions.
(a) The MHP payment authorization shall be determined for:
(1) Fee-for-Service/Medi-Cal providers by an MHP's Point of Au-
thorization.
(2) For Short-Doyle/Medi-Cal providers by either:
(A) An MHP's Point of Authorization, or
(B) The provider's Utilization Review Committee.
(b) An MHP that authorizes payment to a provider of psychiatric inpa-
tient hospital services, shall be responsible for payment of the Medi-Cal
matching funds, with the following exceptions:
(1) Psychiatric inpatient hospital services for individuals eligible for
the County Medical Services Program. These services shall be autho-
rized by the MHP for that county, but the MHP will not be responsible
for payment of those services.
(2) Psychiatric inpatient hospital services for a beneficiary from San
Mateo, Santa Barbara or Solano County who is not a member of the
County Organized Health System in those counties. These services shall
be authorized by the MHP for the beneficiary's county but the MHP shall
not be responsible for payment of those services.
(c) An MHP shall authorize payment for psychiatric inpatient hospital
services that meet the requirements of this chapter and any additional
contract requirements. When all other authorization criteria are met,
MHP payment authorization requests presented for authorization beyond
the timelines specified in this chapter shall be granted when an MHP de-
termines that the provider was prevented from submitting a timely re-
quest because of circumstances beyond the provider's control.
(1) The provider shall submit any additional and relevant documenta-
tion, if required by the MHP, within sixty (60) calendar days of submis-
sion of the late request. The documentation shall verify that the lateness
was due to:
(A) A natural disaster which has:
1. Destroyed or damaged the provider's business office or records, or
2. Substantially interfered with the processing of provider's request
for MHP payment authorization; or
(B) Delays caused by other circumstances beyond the provider's con-
trol which have been reported to an appropriate law enforcement or fire
agency when applicable.
(2) Circumstances which shall not be considered beyond the control
of the provider include but are not limited to:
(A) Negligence by employees.
(B) Misunderstanding of program requirements.
(C) Illness or absence of any employee trained to prepare MHP pay-
ment authorizations.
(D) Delays caused by the United States Postal Service or any private
delivery service.
(d) The MHP authorizing payment for services shall be the MHP for
the county of residence as specified on the Medi-Cal Eligibility Data
System (MEDS) file.
Note-. Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1, New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1 995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stafing that these emergen-
cy regulafions shall remain in effective unfil July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion heading and section, transmitted to OAL 5-30-97 and filed 7-1-97 (Regis-
ter 97, No. 27).
§ 1777. MHP Payment Authorization by a Point of
Authorization.
(a) A provider shall submit a separate written request for MHP pay-
ment authorization of psychiatric inpatient hospital services to the Point
of Authorization of the beneficiary's MHP for each of the following:
(1) The planned admission of a beneficiary.
(2) Ninety-nine (99) calendar days of continuous service to a benefi-
ciary, if the hospital slay exceeds that period of time.
(3) Discharge.
(4) Services that qualify for Medical Assistance Pending Fair Hearing
(Aid Paid Pending).
(5) Administrative day services that are requested for a beneficiary.
(b) A provider shall submit the request for MHP payment authoriza-
tion for psychiatric inpatient hospital services to the Point of Authoriza-
tion of the beneficiary's MHP not later than:
(1) Prior to a planned admission.
(2) Within fourteen (14) calendar days after:
(A) Ninety-nine (99) calendar days of continuous service to a benefi-
ciary if the hospital stay exceeds that period of time.
(B) Discharge.
(C) The date that a beneficiary quahfies for Medical Assistance Pend-
ing'Fair Hearing (Aid Paid Pending).
(c) A written request for MHP payment authorization to the Point of
Authorization shall be in the form of:
(1) A Treatment Authorization Request (TAR) for Fee-for-Service/
Medi-Cal providers or;
(2) As specified by the MHP Short-Doyle/Medi-Cal providers.
(d) The Point of Authorization staff that approve or deny payment
shall be licensed mental health professionals of the beneficiary's MHP.
(e) Approval or disapproval for each MHP payment authorization
shall be documented by the Point of Authorization in writing:
(1) On the same TAR on which the Fee-for-Service/Medi-Cal pro-
vider requested MHP payment authorization or,
(2) In an MHP payment authorizafion log maintained by the MHP for
Short-Doyle/Medi-Cal providers.
(f) The MHP shall document that all adverse decisions regarding pro-
vider requests for MHP payment authorization based on medical necessi-
ty criteria or emergency medical condition were reviewed and approved:
(1) by a physician, or
(2) at the discretion of the MHP, by a psychologist for patients ad-
mitted by a psychologist and who received services under his/her scope
of practice.
(g) A request for an MHP payment authorization may be denied by a
Point of Authorization if the request is not submitted in accordance with
timelines in this chapter [except as specified in Section 1 776(c)], the noti-
fication requirements, the medical necessity reimbursement criteria,
emergency psychiatric condition criteria on an emergency admission or
if the provider has failed to meet any other mandatory requirements of
the contract negoUated between the provider and the MHP.
(h) A Point of Authorization shall approve or deny the request for
MHP payment authorization within 14 days of the receipt of the request.
Page 26.15
Register 97, No. 27; 7-4-97
§1778
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 9
(i) point of Authorization staff may authorize payments for up to seven
(7) calendar days in advance of service provision.
(j) Approval of the MHP payment authorization by a Point of Authori-
zation, requires that:
(1) Planned admission requests for an MHP's payment authorization
shall be approved when written documentation provided indicates that
the beneficiary meets medical necessity criteria for reimbursement of
psychiatric inpatient hospital services, as specified in Section 1774. The
request shall be submitted and approved prior to admission.
(2) Emergency admissions shall not be subject to prior MHP payment
authorization.
(3) A request for MHP payment authorization for continued stay ser-
vices shall be submitted to the Point of Authorization as follows:
(A) A contract provider's request shall be submitted within the time-
lines specified in the contract. If the contract does not specify timelines,
the contract provider shall be subject to the same timeline requirements
as the non-contract providers.
(B) A non-contract provider's request shall be submitted to the Point
of Authorization not later than:
1. Within fourteen (14) calendar days after the beneficiary is dis-
charged from the hospital, or
2. Within fourteen (14) calendar days after a beneficiary has received
ninety-nine (99) continuous calendar days of psychiatric inpatient hospi-
tal services.
(4) Requests for MHP payment authorization for continued stay ser-
vices shall be approved if written documentation has been provided to the
MHP indicating that the beneficiary met the medical necessity reim-
bursement criteria for acute psychiatric inpatient hospital services for
each day of service as well as the other requirements for timeliness of no-
tification and any other contractual requirements except as specified in
Section 1776.
(5) Requests for MHP payment authorization for administrative day
services shall be approved by an MHP when both of the following condi-
tions are met:
(A) During the hospital stay, a beneficiary previously has met medical
necessity criteria for reimbursement of acute psychiatric inpatient hospi-
tal services.
(B) There is no appropriate, non-acute treatment facility in a reason-
able geographic area and a provider documents contacts with a minimum
of five (5) appropriate, non-acute treatment facilities per week subject
to the following requirements:
1. Point of Authorization staff may waive the requirements of five (5)
contacts per week if there are less than five (5) appropriate, non-acute
treatment facilities available as placement options for the beneficiary. In
no case shall there be less than one (1) contact per week.
2. The lack of appropriate, non-acute treatment faciHties and the con-
tacts made at appropriate facilities shall be documented to include but not
be limited to:
a. The status of the placement option.
b. Date of the contact.
c. Signature of the person making the contact.
(C) For beneficiaries also eligible under Medicare (Part A) who have
received acute psychiatric inpatient hospital services which are not cov-
ered by Medi-Cal, providers shall notify the Point of Authorization with-
in twenty-four (24) hours or as specified in the contract, prior to begin-
ning administrative day services meeting the requirements in Section
1728.;
(6) Medical Assistance Pending Fair Hearing Decision requests for
MHP payment authorization by a provider shall be approved by an MHP
when necessary documentation, as specified in Title 22, California Code
of Regulations, is submitted.
NOTE: 'Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
I. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-15-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion heading and section, transmitted to OAL 5-30-97 and filed 7-1-97 (Regis-
ter 97, No. 27).
§ 1778. MHP Payment Authorization for Emergency
Admissions by a Point of Autliorization.
(a) A provider shall not be required to obtain prior authorization for
payment for an emergency admission, whether voluntary or involuntary.
(b) The provider of emergency psychiatric inpatient hospital services
shall assure that the beneficiary meets the criteria for medical necessity
in Section 1774 of this chapter, and due to a mental disorder, is:
(1) A danger to self or others, or
(2) Immediately unable to provide for, or utilize, food, shelter or cloth-
ing.
(c) The provider of emergency psychiatric inpatient hospital services
shall notify the MHP of the county of the beneficiary within twenty-four
(24) hours of the time of the admission of the beneficiary to the hospital,
or within the timelines specified in the contract, if applicable.
(1) If the provider cannot determine the MHP of the beneficiary, the
provider shall notify the MHP of the county where the provider is located,
within twenty-four (24) hours of admission.
(2) The MHP for the county where the provider is located shall assist
the provider to determine the MHP of the beneficiary. The provider shall
notify the MHP of the beneficiary within twenty-four (24) hours of deter-
mination of the appropriate MHP.
(d) Requests for MHP payment authorization for an emergency admis-
sion shall be approved by an MHP when:
(1) A provider notified the Point of Authorization within twenty-four
(24) hours of admission of a beneficiary to the hospital or within the time
required by contract, if applicable.
(2) Written documentation has been provided to the MHP that certifies
that a beneficiary met the criteria in (b) at the time of admission.
(3) Written documentation has been provided to the MHP that certifies
a beneficiary met the criteria in (b) for the day of admission.
(4) A non-contract provider includes documentation that the benefi-
ciary could not be safely transferred to a contract hospital of the MHP of
the beneficiary if the transfer was requested by an MHP.
(e) After an emergency admission, a beneficiary's MHP may:
( 1 ) Transfer the beneficiary from a non-contract to a contract provider
as soon as it is safe to do so, based on reasonable clinical judgement.
(2) Choose to authorize continued stay with a non-contract provider.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
•
•
Page 26.16
Register 97, No. 27; 7-4-97
TiitJe 9
Department of Mental Health
§1791
•
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of ] 995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96:
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 162, Stat-
utes of 1 996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 . 1 997. or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion heading and section, transmitted to OAL 5-30-97 and filed 7-1-97 (Regis-
ter 97, No. 27).
§ 1779. MHP Payment Authorization by a Utilization
Review Committee.
(a) MHP payment authorization for psychiatric inpatient hospital ser-
vices provided by a Short-Doyle/Medi-Cal provider, if not made by an
MHP's Point of Authorization pursuant to Section 1777 of this chapter,
shall be made by the provider's Utilization Review Committee.
(1) The Utilization Review Committee shall meet the Federal require-
ments for participants pursuant to Title 42, CFR, Chapter IV, Subchapter
C, Part 456, Subpart D.
(2) The decision regarding MHP payment authorization shall be docu-
mented in writing by the Utilization Review Committee.
(b) The Utilization Review Committee or its designee shall approve
or deny the initial MHP payment authorization no later than the third
working day from the day of admission.
(c) At the time of the initial MHP payment authorization, the Utiliza-
tion Review Committee or its designee shall specify the date for the sub-
sequent MHP payment authorization determination.
(d) Approval of MHP payment authorization by a Utilization Review
Committee requires that:
(1) When provider documentation in the clinical record substantiates
that the beneficiary met the medical necessity criteria, the Utilization Re-
view Committee shall authorize payment for each day that services are
provided.
(2) Requests for MHP payment authorization for administrative day
services shall be approved by the Utilization Review Committee when
both of the following conditions are met:
(A) During the hospital stay, a beneficiary previously had met medical
necessity criteria for acute psychiatric inpatient hospital services.
(B) There is no appropriate, non-acute treatment facility within a rea-
sonable geographic area and the provider documents contacts with a
minimum of five (5) appropriate, non-acute treatment facilities per week
for placement of the beneficiary subject to the following requirements.
1 . The MHP or its designee can waive the requirements of five (5) con-
tacts per week if there are fewer than five (5) appropriate, non-acute resi-
dential treatment facilities available as placement options for the benefi-
ciary. In no case shall there be less than one (1) contact per week.
2. The lack of placement options at appropriate, residential treatment
facilities and the contacts made at appropriate treatment facilities shall
be documented to include but not be limited to:
a. The status of the placement option.
b. Date of the contact.
c. Signature of the person making the contact.
Note-. Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Sections 5777, 5778 and 14684, Welfare and Insfitutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1 994, or emergency language will be repealed by oper-
ation of law on the following day.
2. New section refiled 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-28-95
or emergency language will be repealed by operation of law on the following
day.
3. New section continued 8-3-95 as an emergency pursuant to Chapter 305, Stat-
utes of 1 995, Section 24, stating that these emergency regulations remain in ef-
fect until July 1, 1996, or until the regulations are made permanent, whichever
occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New section continued 7-1 5-96 as an emergency pursuant to Chapter 1 62, Stat-
utes of 1996, Section 4440-103-0001, Provision 4, stating that these emergen-
cy regulations shall remain in effective until July 1 , 1 997, or until the regulations
are made permanent, whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion heading and section, transmitted to OAL 5-30-97 and filed 7- 1 -97 (Regis-
ter 97, No. 27).
Article 5. Problem Resolution Processes
§ 1790. Complaint Resolution Process.
"Complaint Resolution Process" means an informal process for the
resolution of beneficiary concerns or complaints regarding psychiatric
inpatient hospital services.
NOTE: Authority cited: Section 14680, Welfai^e and Institutions Code. Reference:
Sections 5777 and 14684, Welfare and Institutions Code.
History
1. New Article 5 (sections 1790-1 799) and section filed 1 2-30-94 as an emergen-
cy; operative 1-1-95 (Register 94, No. 52). Notwithstanding Chapter 3.5 (com-
mencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Govern-
ment Code, a Certificate of Compliance must be transmitted to OAL by June 30,
1995, pursuant to Section 7, Chapter 633, Statutes of 1994, or emergency lan-
guage will be repealed by operation of law on the following day.
2. New article 5 and section refiled 6-30-95 as an emergency; operative 7-1-95
(Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL
by 10-28-95 or emergency language will be repealed by operation of law on
the following day.
3. New Article 3 (sections 1790 through 1799) and section continued 8-3-95 as
an emergency pursuant to Chapter 305, Statutes of 1 995, Section 24, stating that
these emergency regulations remain in effect until July 1, 1996, or until the reg-
ulations are made permanent, whichever occurs first.
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 7-1-96;
disapproved by OAL on 8-13-96. (Register 96, No. 33).
5. New Article (sections 1790 through 1799) and secdon continued 7-15-96 as
ah emergency pursuant to Chapter 162, Statutes of 1996, Section
4440-1 03-0001, Provision 4, stating that these emergency regulations shall re-
main in effective until July 1 , 1997, or until the regulations are made permanent,
whichever occurs first.
6. Certificate of Compliance as to 12-30-94 order, including amendment of sec-
tion, transmitted to OAL 5-30-97 and filed 7-1-97 (Register 97, No. 27).
§1791. Denial.
"Denial" means that the MHP does not approve a request for MHP
payment authorization of an admission for psychiatric inpatient hospital
services.
NOTE: Authority cited: Section 14680, Welfare and Institutions Code. Reference:
Section 14684, Welfare and Institutions Code.
History
1. New section filed 12-30-94 as an emergency; operative 1-1-95 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, a Certificate of Com-
pliance must be transmitted to OAL by June 30, 1995, pursuant to Section 7,
Chapter 633, Statutes of 1994, or emergency language will be repealed by oper-
ation of